Texas 2015 - 84th Regular

Texas House Bill HB2936 Compare Versions

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

Old	New	Differences
1	1	84R11416 JSC-D
2	2	By: Sheffield H.B. No. 2936
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a pilot program for donation and redistribution of
8	8	certain unused prescription medications; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 431, Health and Safety Code, is amended
11	11	by adding Subchapter O to read as follows:
12	12	SUBCHAPTER O. PRESCRIPTION DRUG DONATION PILOT PROGRAM
13	13	Sec. 431.451. DEFINITIONS. In this subchapter:
14	14	(1) "Board" means the Texas State Board of Pharmacy.
15	15	(2) "Charitable medical clinic" has the meaning
16	16	assigned by Section 431.321.
17	17	(3) "Health center" means a federally qualified health
18	18	center under 42 U.S.C. Section 1396d(l)(2)(B).
19	19	(4) "Nursing home" means a facility licensed under
20	20	Chapter 242.
21	21	(5) "Pilot program" means the prescription drug
22	22	donation pilot program under this subchapter.
23	23	(6) "Prescription drug" has the meaning assigned by
24	24	Section 551.003, Occupations Code.
25	25	Sec. 431.452. ESTABLISHMENT OF PILOT PROGRAM. (a) The
26	26	board shall establish a pilot program for donation and
27	27	redistribution of prescription drugs under this subchapter.
28	28	(b) The board shall conduct the pilot program in Coryell,
29	29	McLennan, and Bell Counties.
30	30	Sec. 431.453. DONATION OF PRESCRIPTION DRUGS. (a) Only a
31	31	nursing home may donate prescription drugs under this subchapter.
32	32	(b) The donated drugs must be oral prescription drugs
33	33	approved by the federal Food and Drug Administration that are
34	34	sealed in the manufacturer's unopened original tamper-evident
35	35	packaging and either individually packaged or packaged in unit-dose
36	36	packaging.
37	37	(c) Donated drugs may not:
38	38	(1) be subject to a mandatory recall by a state or
39	39	federal agency or a voluntary recall by a drug seller or
40	40	manufacturer;
41	41	(2) be a controlled substance under Chapter 481;
42	42	(3) require refrigeration; or
43	43	(4) expire less than 60 days after the date of
44	44	donation.
45	45	Sec. 431.454. ACCEPTING DONATIONS. (a) A health center may
46	46	accept a drug donated under this subchapter.
47	47	(b) A health center may dispense or administer the drugs to
48	48	the health center's patients or distribute the drugs to another
49	49	health center or a charitable medical clinic.
50	50	(c) Before the health center may dispense, administer, or
51	51	distribute the drugs, a licensed pharmacist must determine that the
52	52	drugs are of acceptable integrity.
53	53	Sec. 431.455. DISPENSING OR ADMINISTERING DONATED DRUGS.
54	54	(a) Donated drugs may be dispensed or administered by a health
55	55	center or a charitable medical clinic.
56	56	(b) A prescription drug dispensed or administered to a
57	57	patient under the pilot program must be prescribed by a physician
58	58	for use by that patient.
59	59	Sec. 431.456. FEES. A health center or charitable medical
60	60	clinic may charge only a nominal handling fee for distributing,
61	61	dispensing, or administering a drug under the pilot program.
62	62	Sec. 431.457. RESALE PROHIBITED. A health center or
63	63	charitable medical clinic may not resell donated drugs.
64	64	Sec. 431.458. DATABASE OF DONATED DRUGS. The board shall
65	65	establish and maintain an electronic database in which:
66	66	(1) each health center shall list the name and
67	67	quantity of each drug donated to the health center under the pilot
68	68	program that has been verified by a pharmacist; and
69	69	(2) a health center or charitable medical clinic may
70	70	search for and request donated drugs from a health center that
71	71	possesses those drugs.
72	72	Sec. 431.459. RULES. The board shall adopt rules for
73	73	implementation of this subchapter.
74	74	Sec. 431.460. LIMITATION ON LIABILITY. A participant in
75	75	the pilot program is not civilly or criminally liable or subject to
76	76	disciplinary action for harm caused by distributing, accepting,
77	77	dispensing, or administering drugs under the pilot program unless
78	78	the harm is caused by wilful or wanton acts of negligence, conscious
79	79	indifference to or reckless disregard for the safety of others, or
80	80	intentional conduct.
81	81	Sec. 431.461. REPORTS TO LEGISLATURE. Not later than
82	82	January 1 of each odd-numbered year, the board shall report to the
83	83	legislature on the results of the pilot program. The report must
84	84	include:
85	85	(1) the program's efficacy in expanding access to
86	86	prescription medications;
87	87	(2) an evaluation of the program's database and system
88	88	of distribution;
89	89	(3) any health and safety issues posed by accepting
90	90	and dispensing donated drugs;
91	91	(4) recommendations on improvements to the program;
92	92	and
93	93	(5) an evaluation of potential expansion of the
94	94	program.
95	95	Sec. 431.462. EXPIRATION. This subchapter expires
96	96	September 1, 2019.
97	97	SECTION 2. (a) The Texas State Board of Pharmacy shall adopt
98	98	any necessary rules and establish the database required by
99	99	Subchapter O, Chapter 431, Health and Safety Code, as added by this
100	100	Act, not later than December 1, 2015.
101	101	(b) A nursing home, federally qualified health center, or
102	102	charitable medical clinic may donate, distribute, accept,
103	103	administer, or dispense a prescription drug under the pilot program
104	104	under Subchapter O, Chapter 431, Health and Safety Code, as added by
105	105	this Act, on or after January 1, 2016.
106	106	SECTION 3. This Act takes effect September 1, 2015.