81R30813 YDB-D
By: McClendon H.B. No. 1504
Substitute the following for H.B. No. 1504:
By: Hopson C.S.H.B. No. 1504
A BILL TO BE ENTITLED
AN ACT
relating to the distribution of a prescription drug.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 431.401(5), Health and Safety Code, is
amended to read as follows:
(5) "Normal distribution channel" means a chain of
custody for a prescription drug, either directly or by drop
shipment, from the manufacturer of the prescription drug, the
manufacturer to the manufacturer's co-licensed product partner,
the manufacturer to the manufacturer's third-party logistics
provider, or the manufacturer to the manufacturer's exclusive
distributor, to:
(A) a pharmacy to:
(i) a patient; or
(ii) another designated person authorized
by law to dispense or administer the drug to a patient;
(B) an authorized distributor of record to:
(i) a pharmacy to a patient; or
(ii) another designated person authorized
by law to dispense or administer the drug to a patient;
(C) an authorized distributor of record to a
wholesale distributor licensed under this chapter to another
designated person authorized by law to dispense or administer the
drug to a patient;
(D) an authorized distributor of record to a
pharmacy warehouse to the pharmacy warehouse's intracompany
pharmacy;
(E) [(D)] a pharmacy warehouse to the pharmacy
warehouse's intracompany pharmacy or another designated person
authorized by law to dispense or administer the drug to a patient;
(F) [(E)] a person authorized by law to prescribe
a prescription drug that by law may be administered only under the
supervision of the prescriber; or
(G) [(F)] an authorized distributor of record to
one other authorized distributor of record to a licensed
practitioner for office use.
SECTION 2. Section 431.4031, Health and Safety Code, is
amended to read as follows:
Sec. 431.4031. EXEMPTION FROM CERTAIN PROVISIONS FOR
CERTAIN WHOLESALE DISTRIBUTORS. (a) A wholesale distributor that
distributes prescription drugs that are medical gases or a
wholesale distributor that is a manufacturer or a third-party
logistics provider on behalf of a manufacturer is exempt from
Sections 431.404(a)(5) and (6), (b), and (c), 431.4045(2), 431.405,
431.407, and 431.408.
(b) A state agency or a political subdivision of this state
that distributes prescription drugs using federal or state funding
to nonprofit health care facilities or local mental health or
mental retardation authorities for distribution to a pharmacy,
practitioner, or patient is exempt from Sections 431.405(b),
431.407, 431.408, 431.412, and 431.413.
SECTION 3. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt, modify, or repeal rules as
necessary to implement the changes in law made by this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.