BILL REPORT

HB 829

BYRepresentatives Leonard, Appelwick, Lewis and Rayburn

Revising provisions on pharmacy.

House Committe on Health Care

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (10)

     Signed by Representatives Braddock,Chair; Day, Vice Chair; Bristow, Brooks, Bumgarner, Cantwell, Lewis, Lux, D. Sommers and Sprenkle.

House Staff:John Welsh (786-7133)

AS REPORTED BY COMMITTEE ON HEALTH CARE FEBRUARY 18, 1987

BACKGROUND:

Shopkeepers stocking fifteen or fewer non-prescription drugs are currently exempt from registering with the Board of Pharmacy.  The board has no authority to control drugs sold by retailers which may have been tampered with and present a serious and immediate threat to public safety.

Pharmacies are required to preserve sales records of prescription drugs for five years.

Currently pharmaceutical manufacturers are not required to maintain records on the receipt and disposition of prescription drugs.

Applicants for licensure as pharmacists are required to be United States citizens, resident aliens or aliens enrolled in pharmacy graduate or residency programs.

SUMMARY:

SUBSTITUTE BILL:  The exemption of shopkeepers who stock fifteen or fewer non-prescription drugs from registering with the Board of Pharmacy is repealed.  The time period for pharmacies to maintain records of sales of prescription drugs is shortened from five to three years.  The requirements of United States citizenship, alien resident status or alien enrollment in pharmacy graduate or residency programs is repealed for applicants of licensure as pharmacists.  Pharmaceutical manufacturers are required to preserve for three years records on the receipt and disposition of prescription drugs, and failure to maintain such records is declared unlawful.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The section establishing civil penalties for violations of the chapter is stricken.

Fiscal Note:    Attached.

House Committee ‑ Testified For:     Representative Leonard, prime sponsor and Don Williams, Pharmacy Board.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     The board needs to be able to respond quickly in drug tampering cases and has no authority to seize tampered drugs in retail establishments stocking fifteen or fewer drugs.  The preservation of records for five years is not necessary, and three years is sufficient.  The licensure qualifications for pharmacists is too strict and would exclude qualified foreign-trained pharmacists from practicing here.  Manufacturers' records on the receipt and disposition of prescription drugs should be maintained for monitoring of illegal drug diversions.

House Committee - Testimony Against: None Presented.