H.B. No. 4331
AN ACT
relating to the donors of certain unused prescription drugs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 442.001(1), Health and Safety Code, is
amended to read as follows:
(1) "Donor" means an individual, a prescription drug
manufacturer, or a health care facility, including a pharmacy, that
[who] donates unused prescription drugs under this chapter to a
participating provider.
SECTION 2. Section 442.056, Health and Safety Code, is
amended to read as follows:
Sec. 442.056. RECIPIENT FORM. Before accepting a donated
prescription drug under this chapter, a recipient shall sign a form
prescribed by the department stating that:
(1) the recipient acknowledges that if the donor is an
individual, prescription drug manufacturer, or health care
facility other than a pharmacy, the donor is not a pharmacist and
the donor took ordinary care of the prescription drug;
(2) the recipient acknowledges that the donor is known
to the participating provider and that there is no reason to believe
that the prescription drug was improperly handled or stored;
(3) by accepting the prescription drug, the recipient
accepts any risk that an accidental mishandling could create; and
(4) the recipient releases the donor, participating
provider, and manufacturer of the drug from liability related to
the prescription drug.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4331 was passed by the House on April
28, 2023, by the following vote: Yeas 140, Nays 4, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4331 was passed by the Senate on May
17, 2023, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor