84R11416 JSC-D
By: Sheffield H.B. No. 2936
A BILL TO BE ENTITLED
AN ACT
relating to a pilot program for donation and redistribution of
certain unused prescription medications; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 431, Health and Safety Code, is amended
by adding Subchapter O to read as follows:
SUBCHAPTER O. PRESCRIPTION DRUG DONATION PILOT PROGRAM
Sec. 431.451. DEFINITIONS. In this subchapter:
(1) "Board" means the Texas State Board of Pharmacy.
(2) "Charitable medical clinic" has the meaning
assigned by Section 431.321.
(3) "Health center" means a federally qualified health
center under 42 U.S.C. Section 1396d(l)(2)(B).
(4) "Nursing home" means a facility licensed under
Chapter 242.
(5) "Pilot program" means the prescription drug
donation pilot program under this subchapter.
(6) "Prescription drug" has the meaning assigned by
Section 551.003, Occupations Code.
Sec. 431.452. ESTABLISHMENT OF PILOT PROGRAM. (a) The
board shall establish a pilot program for donation and
redistribution of prescription drugs under this subchapter.
(b) The board shall conduct the pilot program in Coryell,
McLennan, and Bell Counties.
Sec. 431.453. DONATION OF PRESCRIPTION DRUGS. (a) Only a
nursing home may donate prescription drugs under this subchapter.
(b) The donated drugs must be oral prescription drugs
approved by the federal Food and Drug Administration that are
sealed in the manufacturer's unopened original tamper-evident
packaging and either individually packaged or packaged in unit-dose
packaging.
(c) Donated drugs may not:
(1) be subject to a mandatory recall by a state or
federal agency or a voluntary recall by a drug seller or
manufacturer;
(2) be a controlled substance under Chapter 481;
(3) require refrigeration; or
(4) expire less than 60 days after the date of
donation.
Sec. 431.454. ACCEPTING DONATIONS. (a) A health center may
accept a drug donated under this subchapter.
(b) A health center may dispense or administer the drugs to
the health center's patients or distribute the drugs to another
health center or a charitable medical clinic.
(c) Before the health center may dispense, administer, or
distribute the drugs, a licensed pharmacist must determine that the
drugs are of acceptable integrity.
Sec. 431.455. DISPENSING OR ADMINISTERING DONATED DRUGS.
(a) Donated drugs may be dispensed or administered by a health
center or a charitable medical clinic.
(b) A prescription drug dispensed or administered to a
patient under the pilot program must be prescribed by a physician
for use by that patient.
Sec. 431.456. FEES. A health center or charitable medical
clinic may charge only a nominal handling fee for distributing,
dispensing, or administering a drug under the pilot program.
Sec. 431.457. RESALE PROHIBITED. A health center or
charitable medical clinic may not resell donated drugs.
Sec. 431.458. DATABASE OF DONATED DRUGS. The board shall
establish and maintain an electronic database in which:
(1) each health center shall list the name and
quantity of each drug donated to the health center under the pilot
program that has been verified by a pharmacist; and
(2) a health center or charitable medical clinic may
search for and request donated drugs from a health center that
possesses those drugs.
Sec. 431.459. RULES. The board shall adopt rules for
implementation of this subchapter.
Sec. 431.460. LIMITATION ON LIABILITY. A participant in
the pilot program is not civilly or criminally liable or subject to
disciplinary action for harm caused by distributing, accepting,
dispensing, or administering drugs under the pilot program unless
the harm is caused by wilful or wanton acts of negligence, conscious
indifference to or reckless disregard for the safety of others, or
intentional conduct.
Sec. 431.461. REPORTS TO LEGISLATURE. Not later than
January 1 of each odd-numbered year, the board shall report to the
legislature on the results of the pilot program. The report must
include:
(1) the program's efficacy in expanding access to
prescription medications;
(2) an evaluation of the program's database and system
of distribution;
(3) any health and safety issues posed by accepting
and dispensing donated drugs;
(4) recommendations on improvements to the program;
and
(5) an evaluation of potential expansion of the
program.
Sec. 431.462. EXPIRATION. This subchapter expires
September 1, 2019.
SECTION 2. (a) The Texas State Board of Pharmacy shall adopt
any necessary rules and establish the database required by
Subchapter O, Chapter 431, Health and Safety Code, as added by this
Act, not later than December 1, 2015.
(b) A nursing home, federally qualified health center, or
charitable medical clinic may donate, distribute, accept,
administer, or dispense a prescription drug under the pilot program
under Subchapter O, Chapter 431, Health and Safety Code, as added by
this Act, on or after January 1, 2016.
SECTION 3. This Act takes effect September 1, 2015.