81R2059 JAM-F
By: Hopson H.B. No. 3067
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of test results of samples of
compounded products.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 556.053, Occupations Code, is amended to
read as follows:
Sec. 556.053. EXTENT OF INSPECTION; CONFIDENTIALITY. (a)
Except as otherwise provided in an inspection warrant, the person
authorized to represent the board may:
(1) inspect and copy documents, including records or
reports, required to be kept or made under this subtitle, Chapter
481 or 483, Health and Safety Code, or the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.)
or rules adopted under one of those laws;
(2) inspect, within reasonable limits and in a
reasonable manner, a facility's storage, equipment, security,
prescription drugs or devices, components used in compounding,
finished and unfinished products, or records; or
(3) perform an inventory of any stock of prescription
drugs or devices, components used in compounding, or finished and
unfinished products in a facility and obtain samples of those
substances.
(b) Reports, records, formulas, and test results of samples
of products compounded by pharmacies obtained by the board are
confidential and do not constitute public information for purposes
of Chapter 552, Government Code. The board may create, use, or
disclose statistical information from the test results of samples
of compounded products.
SECTION 2. 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.