By: Klick (Senate Sponsor - Sparks) H.B. No. 4331

(In the Senate - Received from the House May 1, 2023; May 2, 2023, read first time and referred to Committee on Health & Human Services; May 11, 2023, reported favorably by the following vote: Yeas 9, Nays 0; May 11, 2023, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

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.

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