| 1 | 1 | | 81R2059 JAM-F |
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| 2 | 2 | | By: Hopson H.B. No. 3067 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the confidentiality of test results of samples of |
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| 8 | 8 | | compounded products. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 556.053, Occupations Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 556.053. EXTENT OF INSPECTION; CONFIDENTIALITY. (a) |
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| 13 | 13 | | Except as otherwise provided in an inspection warrant, the person |
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| 14 | 14 | | authorized to represent the board may: |
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| 15 | 15 | | (1) inspect and copy documents, including records or |
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| 16 | 16 | | reports, required to be kept or made under this subtitle, Chapter |
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| 17 | 17 | | 481 or 483, Health and Safety Code, or the Comprehensive Drug Abuse |
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| 18 | 18 | | Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.) |
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| 19 | 19 | | or rules adopted under one of those laws; |
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| 20 | 20 | | (2) inspect, within reasonable limits and in a |
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| 21 | 21 | | reasonable manner, a facility's storage, equipment, security, |
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| 22 | 22 | | prescription drugs or devices, components used in compounding, |
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| 23 | 23 | | finished and unfinished products, or records; or |
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| 24 | 24 | | (3) perform an inventory of any stock of prescription |
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| 25 | 25 | | drugs or devices, components used in compounding, or finished and |
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| 26 | 26 | | unfinished products in a facility and obtain samples of those |
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| 27 | 27 | | substances. |
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| 28 | 28 | | (b) Reports, records, formulas, and test results of samples |
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| 29 | 29 | | of products compounded by pharmacies obtained by the board are |
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| 30 | 30 | | confidential and do not constitute public information for purposes |
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| 31 | 31 | | of Chapter 552, Government Code. The board may create, use, or |
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| 32 | 32 | | disclose statistical information from the test results of samples |
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| 33 | 33 | | of compounded products. |
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| 34 | 34 | | SECTION 2. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2009. |
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