Texas 2009 - 81st Regular

Texas Senate Bill SB1127 Compare Versions

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1	1	S.B. No. 1127
2	2
3	3
4	4	AN ACT
5	5	relating to the confidentiality of test results of samples of
6	6	compounded products.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 556.053, Occupations Code, is amended to
9	9	read as follows:
10	10	Sec. 556.053. EXTENT OF INSPECTION; CONFIDENTIALITY.
11	11	(a) Except as otherwise provided in an inspection warrant, the
12	12	person authorized to represent the board may:
13	13	(1) inspect and copy documents, including records or
14	14	reports, required to be kept or made under this subtitle, Chapter
15	15	481 or 483, Health and Safety Code, or the Comprehensive Drug Abuse
16	16	Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.)
17	17	or rules adopted under one of those laws;
18	18	(2) inspect, within reasonable limits and in a
19	19	reasonable manner, a facility's storage, equipment, security,
20	20	prescription drugs or devices, components used in compounding,
21	21	finished and unfinished products, or records; or
22	22	(3) perform an inventory of any stock of prescription
23	23	drugs or devices, components used in compounding, or finished and
24	24	unfinished products in a facility and obtain samples of those
25	25	substances.
26	26	(b) Reports, records, formulas, and test results of samples
27	27	of products compounded by pharmacies obtained by the board may be
28	28	provided to the pharmacy that compounded the product but otherwise
29	29	are confidential and do not constitute public information for
30	30	purposes of Chapter 552, Government Code. The board may create,
31	31	use, or disclose statistical information from the test results of
32	32	samples of compounded products.
33	33	(c) The board may disclose information confidential under
34	34	Subsection (b):
35	35	(1) in a disciplinary hearing before the board or in a
36	36	subsequent trial or appeal of a board action or order;
37	37	(2) to a pharmacist licensing or disciplinary
38	38	authority of another jurisdiction; or
39	39	(3) under a court order.
40	40	(d) The board shall require a pharmacy to recall a
41	41	compounded product and may release the results of the tests of the
42	42	samples of the compounded product if the board determines that:
43	43	(1) the test results indicate a patient safety problem
44	44	that may involve potential harm to a patient; and
45	45	(2) the release of the test results is necessary to
46	46	protect the public.
47	47	(e) The board shall release the test results described by
48	48	Subsection (d) if a pharmacy is unable to or does not recall the
49	49	compounded product within 48 hours after the board's request under
50	50	that subsection.
51	51	SECTION 2. This Act takes effect immediately if it receives
52	52	a vote of two-thirds of all the members elected to each house, as
53	53	provided by Section 39, Article III, Texas Constitution. If this
54	54	Act does not receive the vote necessary for immediate effect, this
55	55	Act takes effect September 1, 2009.
56	56	______________________________ ______________________________
57	57	President of the Senate Speaker of the House
58	58	I hereby certify that S.B. No. 1127 passed the Senate on
59	59	April 20, 2009, by the following vote: Yeas 30, Nays 0.
60	60	______________________________
61	61	Secretary of the Senate
62	62	I hereby certify that S.B. No. 1127 passed the House on
63	63	May 27, 2009, by the following vote: Yeas 148, Nays 0, one
64	64	present not voting.
65	65	______________________________
66	66	Chief Clerk of the House
67	67	Approved:
68	68	______________________________
69	69	Date
70	70	______________________________
71	71	Governor