Texas 2009 - 81st Regular

Texas House Bill HB3156 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R9600 ALB-D
2	2	By: Cook H.B. No. 3156
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a drug donation program.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle A, Title 6, Health and Safety Code, is
10	10	amended by adding Chapter 442 to read as follows:
11	11	CHAPTER 442. DRUG DONATION PROGRAM
12	12	Sec. 442.001. DEFINITIONS. In this chapter:
13	13	(1) "Commission" means the Health and Human Services
14	14	Commission.
15	15	(2) "Department" means the Department of State Health
16	16	Services.
17	17	(3) "Executive commissioner" means the executive
18	18	commissioner of the Health and Human Services Commission.
19	19	(4) "Program" means the drug donation program.
20	20	Sec. 442.002. DRUG DONATION PROGRAM. The department shall
21	21	establish and maintain a drug donation program through which a
22	22	person may donate to a participating pharmacy or health care
23	23	facility an eligible drug for use by an individual who meets the
24	24	eligibility requirements under Section 442.008.
25	25	Sec. 442.003. DONATION. The following persons may donate
26	26	drugs at a pharmacy or health care facility that participates in the
27	27	program:
28	28	(1) an individual who is at least 18 years of age; or
29	29	(2) a pharmacy or health care facility or a
30	30	manufacturer or distributor of an eligible drug.
31	31	Sec. 442.004. DRUGS ELIGIBLE FOR PROGRAM. The Texas State
32	32	Board of Pharmacy and the Texas Medical Board shall adopt rules
33	33	regarding drugs that are eligible for the program, including rules
34	34	regarding:
35	35	(1) the inclusion of drugs used for the treatment of
36	36	cancer;
37	37	(2) the inclusion of non-cancer-related drugs that
38	38	cost more than $50;
39	39	(3) the prohibition of a controlled substance from
40	40	eligibility; and
41	41	(4) a list of eligible drugs.
42	42	Sec. 442.005. DISTRIBUTION OF DONATED DRUGS. A pharmacy or
43	43	health care facility that receives a donated drug through the
44	44	program may distribute the drug to an eligible pharmacy or health
45	45	care facility for use under the program.
46	46	Sec. 442.006. DISPENSATION OF DONATED DRUGS. (a) A
47	47	pharmacy or health care facility may accept and dispense a drug
48	48	through the program only if each of the following conditions is met:
49	49	(1) the drug must be in the drug's original, unopened,
50	50	sealed, and tamper-evident unit dose packaging and include the
51	51	drug's lot number and expiration date, or if packaged in single unit
52	52	doses, the single unit dose packaging must be unopened;
53	53	(2) the drug must have an expiration date later than
54	54	120 days after the date the drug was donated;
55	55	(3) the drug must be unadulterated and correctly
56	56	branded;
57	57	(4) the drug must be accompanied by the signed donor
58	58	form under Section 442.009; and
59	59	(5) the drug must be inspected by a pharmacist to
60	60	ensure compliance with Subdivisions (1)-(4) before the pharmacist
61	61	may dispense the drug.
62	62	(b) A drug dispensed through the program must be prescribed
63	63	by a medical practitioner for use by an eligible individual and
64	64	dispensed by a pharmacist.
65	65	(c) A pharmacy or health care facility that dispenses a drug
66	66	through the program may charge an individual who receives the drug a
67	67	fee not to exceed the amount specified by executive commissioner
68	68	rule.
69	69	(d) A drug dispensed through the program may not be resold.
70	70	Sec. 442.007. RULES. The executive commissioner shall
71	71	adopt rules regarding the following:
72	72	(1) procedures regarding the storage of donated drugs,
73	73	including environmental conditions, separation of donated drugs
74	74	from non-donated drugs, and security; and
75	75	(2) recordkeeping of donor and recipient forms
76	76	required under Section 442.009.
77	77	Sec. 442.008. ELIGIBILITY REQUIREMENTS. (a) A person is
78	78	eligible to receive drugs through the program if the person is:
79	79	(1) uninsured, underinsured, or a recipient of
80	80	benefits through the medical assistance program under Chapter 32,
81	81	Human Resources Code, or Medicare; or
82	82	(2) a resident of this state who has been diagnosed
83	83	with cancer.
84	84	(b) The department shall prioritize dispensation to
85	85	individuals who are uninsured or indigent and shall permit
86	86	dispensation to other eligible individuals if an uninsured or
87	87	indigent individual is unavailable.
88	88	Sec. 442.009. DONOR FORM. (a) The department shall develop
89	89	forms for individuals who donate drugs to the program and for
90	90	recipients of drugs through the program.
91	91	(b) A person who donates a drug shall sign the donor form.
92	92	(c) A recipient of drugs through the program shall sign a
93	93	form that indicates the donated drug may have been previously
94	94	dispensed.
95	95	Sec. 442.010. REGISTRY FOR ELIGIBLE RECIPIENTS. The
96	96	department shall establish a voluntary registry for individuals who
97	97	are eligible to receive drugs through the program.
98	98	Sec. 442.011. REGISTRY OF PARTICIPATING PHARMACIES. The
99	99	department shall establish on the department's website a voluntary
100	100	registry for pharmacies and health care facilities participating in
101	101	the program.
102	102	Sec. 442.012. LIMITATION ON LIABILITY. (a) A pharmacy,
103	103	health care facility, physician, or pharmacist that participates in
104	104	the program under this chapter is not liable for harm caused by the
105	105	accepting, dispensing, or administering of drugs donated and
106	106	dispensed in substantial compliance with this chapter unless the
107	107	harm is caused by:
108	108	(1) wilful or wanton acts of negligence;
109	109	(2) conscious indifference or reckless disregard for
110	110	the safety of others; or
111	111	(3) intentional conduct.
112	112	(b) This section does not limit, or in any way affect or
113	113	diminish, the liability of a drug seller or manufacturer under
114	114	Chapter 82, Civil Practice and Remedies Code.
115	115	(c) This section does not apply if harm results from the
116	116	failure to fully and completely comply with the requirements of
117	117	Section 442.006 or rules adopted under this chapter.
118	118	(d) This section does not apply to a pharmacy, health care
119	119	facility, pharmacist, physician, or manufacturer that fails to
120	120	comply with the insurance provisions of Chapter 84, Civil Practice
121	121	and Remedies Code.
122	122	(e) Nothing in this chapter requires a pharmacy,
123	123	pharmacist, or medical practitioner to participate in the program.
124	124	Nothing in this chapter requires a person to donate drugs to the
125	125	program.
126	126	Sec. 442.013. OTHER LAW. The drug donation program
127	127	established under this chapter is in addition to the method for
128	128	redistribution of unused drugs established by Section 562.1085,
129	129	Occupations Code, and the drug donation program established under
130	130	Subchapter M, Chapter 431.
131	131	SECTION 2. If before implementing any provision of this Act
132	132	a state agency determines that a waiver or authorization from a
133	133	federal agency is necessary for implementation of that provision,
134	134	the agency affected by the provision shall request the waiver or
135	135	authorization and may delay implementing that provision until the
136	136	waiver or authorization is granted.
137	137	SECTION 3. This Act takes effect September 1, 2009.