| 1 | 1 | | 85R6544 JSC-D |
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| 2 | 2 | | By: Burrows H.B. No. 3836 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to importing pharmaceuticals from a foreign country. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subtitle C, Title 6, Health and Safety Code, is |
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| 10 | 10 | | amended by adding Chapter 490 to read as follows: |
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| 11 | 11 | | CHAPTER 490. IMPORTING PHARMACEUTICALS FROM FOREIGN COUNTRY |
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| 12 | 12 | | Sec. 490.001. APPLICABILITY. This chapter applies only to |
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| 13 | 13 | | a drug that is approved by the United States Food and Drug |
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| 14 | 14 | | Administration. |
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| 15 | 15 | | Sec. 490.002. DRUGS FROM ANOTHER COUNTRY. (a) A person, |
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| 16 | 16 | | including a pharmacist or physician, may obtain a drug from a |
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| 17 | 17 | | pharmacy or manufacturer located in a foreign country. |
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| 18 | 18 | | (b) A pharmacist, physician, or other medical professional |
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| 19 | 19 | | acting within the scope of the practitioner's license may dispense |
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| 20 | 20 | | or administer to a patient a drug described by Subsection (a). |
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| 21 | 21 | | Sec. 490.003. LIABILITY. (a) A person acting in good faith |
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| 22 | 22 | | under this chapter: |
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| 23 | 23 | | (1) is not criminally liable and is not subject to |
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| 24 | 24 | | professional disciplinary action; and |
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| 25 | 25 | | (2) is not civilly liable for damages. |
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| 26 | 26 | | (b) For purposes of this section, good faith does not |
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| 27 | 27 | | include wilful misconduct, gross negligence, or recklessness. |
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| 28 | 28 | | Sec. 490.004. RULES. The executive commissioner of the |
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| 29 | 29 | | Health and Human Services Commission, in consultation with the |
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| 30 | 30 | | Texas State Board of Pharmacy, shall adopt rules to implement this |
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| 31 | 31 | | chapter. |
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| 32 | 32 | | SECTION 2. The following provisions of the Occupations Code |
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| 33 | 33 | | are repealed: |
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| 34 | 34 | | (1) Section 554.016; |
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| 35 | 35 | | (2) Section 556.0555; |
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| 36 | 36 | | (3) Section 560.001(c); |
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| 37 | 37 | | (4) Section 560.0525; |
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| 38 | 38 | | (5) Section 562.101(f-1); |
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| 39 | 39 | | (6) Section 562.111; and |
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| 40 | 40 | | (7) Subchapter E, Chapter 562. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2017. |
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