| 1 | 1 | | H.B. No. 4331 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the donors of certain unused prescription drugs. |
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| 6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 7 | 7 | | SECTION 1. Section 442.001(1), Health and Safety Code, is |
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| 8 | 8 | | amended to read as follows: |
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| 9 | 9 | | (1) "Donor" means an individual, a prescription drug |
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| 10 | 10 | | manufacturer, or a health care facility, including a pharmacy, that |
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| 11 | 11 | | [who] donates unused prescription drugs under this chapter to a |
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| 12 | 12 | | participating provider. |
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| 13 | 13 | | SECTION 2. Section 442.056, Health and Safety Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | Sec. 442.056. RECIPIENT FORM. Before accepting a donated |
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| 16 | 16 | | prescription drug under this chapter, a recipient shall sign a form |
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| 17 | 17 | | prescribed by the department stating that: |
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| 18 | 18 | | (1) the recipient acknowledges that if the donor is an |
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| 19 | 19 | | individual, prescription drug manufacturer, or health care |
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| 20 | 20 | | facility other than a pharmacy, the donor is not a pharmacist and |
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| 21 | 21 | | the donor took ordinary care of the prescription drug; |
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| 22 | 22 | | (2) the recipient acknowledges that the donor is known |
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| 23 | 23 | | to the participating provider and that there is no reason to believe |
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| 24 | 24 | | that the prescription drug was improperly handled or stored; |
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| 25 | 25 | | (3) by accepting the prescription drug, the recipient |
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| 26 | 26 | | accepts any risk that an accidental mishandling could create; and |
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| 27 | 27 | | (4) the recipient releases the donor, participating |
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| 28 | 28 | | provider, and manufacturer of the drug from liability related to |
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| 29 | 29 | | the prescription drug. |
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| 30 | 30 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 31 | 31 | | ______________________________ ______________________________ |
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| 32 | 32 | | President of the Senate Speaker of the House |
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| 33 | 33 | | I certify that H.B. No. 4331 was passed by the House on April |
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| 34 | 34 | | 28, 2023, by the following vote: Yeas 140, Nays 4, 2 present, not |
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| 35 | 35 | | voting. |
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| 36 | 36 | | ______________________________ |
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| 37 | 37 | | Chief Clerk of the House |
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| 38 | 38 | | I certify that H.B. No. 4331 was passed by the Senate on May |
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| 39 | 39 | | 17, 2023, by the following vote: Yeas 30, Nays 1. |
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| 40 | 40 | | ______________________________ |
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| 41 | 41 | | Secretary of the Senate |
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| 42 | 42 | | APPROVED: _____________________ |
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| 43 | 43 | | Date |
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| 44 | 44 | | _____________________ |
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| 45 | 45 | | Governor |
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