1-1 By: Madla S.B. No. 310
1-2 (In the Senate - Filed February 10, 1993; February 11, 1993,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; February 23, 1993, reported favorably by the following
1-5 vote: Yeas 8, Nays 0; February 23, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Zaffirini x
1-9 Ellis x
1-10 Madla x
1-11 Moncrief x
1-12 Nelson x
1-13 Patterson x
1-14 Shelley x
1-15 Truan x
1-16 Wentworth x
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the possession of dangerous drugs by certain persons.
1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21 SECTION 1. Subchapter A, Chapter 142, Health and Safety
1-22 Code, is amended by adding Section 142.0061 to read as follows:
1-23 Sec. 142.0061. POSSESSION OF DANGEROUS DRUGS. A home health
1-24 agency or its employees who are registered nurses or licensed
1-25 vocational nurses may purchase, store, or transport for the purpose
1-26 of administering to their home health patients under physician's
1-27 orders the following dangerous drugs: sterile water for injection
1-28 and irrigation, sterile saline for injection and irrigation, and
1-29 heparin flush kits for intravenous flushes.
1-30 SECTION 2. Subsection (c), Section 483.041, Health and
1-31 Safety Code, is amended to read as follows:
1-32 (c) Subsection (a) does not apply to the possession of a
1-33 dangerous drug in the usual course of business or practice or in
1-34 the performance of official duties by the following persons or an
1-35 agent or employee of the person:
1-36 (1) a pharmacy licensed<, drug store, dispensary,
1-37 apothecary shop, or prescription laboratory registered> by the
1-38 board;
1-39 (2) a practitioner;
1-40 (3) a person who obtains a dangerous drug for lawful
1-41 research, teaching, or testing, but not for resale;
1-42 (4) a hospital that obtains a dangerous drug for
1-43 lawful administration by a practitioner;
1-44 (5) an officer or employee of the federal, state, or
1-45 local government;
1-46 (6) a manufacturer or wholesaler licensed by
1-47 <registered with> the commissioner of health under Chapter 431
1-48 (Texas Food, Drug, and Cosmetic Act); <or>
1-49 (7) a carrier or warehouseman; or
1-50 (8) a home health agency licensed under Chapter 142,
1-51 which may possess sterile water for injection and irrigation,
1-52 sterile saline for injection and irrigation, and heparin flush kits
1-53 for intravenous flushes, as authorized by Section 142.0061.
1-54 SECTION 3. Subsection (f), Section 19, Texas Pharmacy Act
1-55 (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
1-56 read as follows:
1-57 (f) This Act does not apply to:
1-58 (1) a member of the faculty of a college of pharmacy
1-59 that is recognized by the board if the faculty member is a licensed
1-60 pharmacist and performs his services for the benefit of the college
1-61 only;
1-62 (2) a pharmacist-intern; <or>
1-63 (3) a person who procures prescription drugs for
1-64 lawful research, teaching, or testing and not for resale; or
1-65 (4) a home health agency possessing dangerous drugs as
1-66 authorized by Section 142.0061, Health and Safety Code.
1-67 SECTION 4. The importance of this legislation and the
1-68 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended,
2-4 and that this Act take effect and be in force from and after its
2-5 passage, and it is so enacted.
2-6 * * * * *
2-7 Austin,
2-8 Texas
2-9 February 23,
2-10 1993
2-11 Hon. Bob Bullock
2-12 President of the Senate
2-13 Sir:
2-14 We, your Committee on Health and Human Services to which was
2-15 referred S.B. No. 310, have had the same under consideration, and I
2-16 am instructed to report it back to the Senate with the
2-17 recommendation that it do pass and be printed.
2-18 Zaffirini,
2-19 Chair
2-20 * * * * *
2-21 WITNESSES
2-22 FOR AGAINST ON
2-23 ___________________________________________________________________
2-24 Name: Anita Bradberry x
2-25 Representing: TX Asso. for Home Care
2-26 City: Austin
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2-28 Name: Kay Hollers x
2-29 Representing: TX Asso. for Home Care
2-30 City: Austin
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2-32 Name: Julia R. "Becky" Reechinor x
2-33 Representing: TX Dept. of Health
2-34 City: Austin
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