Texas Senate Bill SB1790

Texas 2015 - 84th Regular

Caption

Relating to the manufacture, sale, distribution, possession, and use of drugs not approved by the United States Food and Drug Administration and the false representation that a substance is a drug approved by the United States Food and Drug Administration; creating criminal offenses.

Impact

The introduction of SB1790 impacts current Texas laws by criminalizing the possession and use of unapproved drugs, categorizing such offenses as a Class A misdemeanor, while manufacturing or distributing these drugs can lead to state jail felonies. This marked shift emphasizes a stricter stance on drugs not approved for safety and efficacy, potentially leading to increased legal scrutiny for individuals and businesses in the pharmaceutical space. The bill permits prosecutions under both state and federal laws, highlighting the dual accountability in drug regulation.

Summary

SB1790 addresses the manufacture, sale, distribution, possession, and use of drugs that are not approved by the United States Food and Drug Administration (FDA). The bill specifically defines 'unapproved drugs' and establishes a legal framework under which individuals can be prosecuted for engaging in activities related to these substances. Key stipulations include penalties for manufacturing or distributing unapproved drugs, as well as for misrepresentation regarding whether a drug has been FDA-approved for human use. The law emphasizes the importance of drug safety and compliance with federal regulations, seeking to protect public health.

Contention

Discussion around SB1790 may raise concerns about its implications for pharmaceutical compounding and the potential effects on access to essential medications. There are worries that stringent regulations could hinder legitimate practices within pharmacies and medical facilities that rely on compounding drugs for patients when approved drugs are unavailable. Moreover, defining unapproved drugs could ignite debates regarding the balance between patient safety and the need for flexible, patient-centered medical solutions.