BILL ANALYSIS


                                                        H.B. 1408
                                           By: McDonald (Sponsor)
                                        Health and Human Services
                                                          5-11-95
                              Senate Committee Report (Unamended)
BACKGROUND

Current law requires a home health agency to be licensed as a Class
F Pharmacy under the Texas Pharmacy Act (Article 4542a-1, V.T.C.S.)
in order to purchase, store, transport, or administer sterile water
and sterile saline.  Sterile water and sterile saline, because they
must be administered by prescription, are not covered by Medicare.

PURPOSE

As proposed, H.B. 1408 authorizes a home and community support
services agency and its registered or licensed vocational nurses to
purchase, store, or transport sterile water and sterile saline to
administer to home health and hospice patients without a Class F
Pharmacy license.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 142.0061, Health and Safety Code, to
authorize a home and community support services agency, rather than
a home health agency licensed as a Class F Pharmacy under Article
4542a-1, V.T.C.S., or its employees who are registered or licensed
vocational nurses to purchase, store, or transport for the purpose
of administering to their home health or hospice patients sterile
water and sterile saline for injection and irrigation.  Deletes
authorization to administer herapin flush kits for intravenous
flushes.

SECTION 2. Amends Section 483.041(c), Health and Safety Code, to
make a conforming change.

SECTION 3. Amends Section 19(f), Article 4542a-1, V.T.C.S. (Texas
Pharmacy Act), to exempt from the application of this Act a home
and community support services agency that possesses a dangerous
drug as authorized by Section 142.0061, Health and Safety Code.

SECTION 4. Amends Sections 29(b) and (c), Article 4542a-1,
V.T.C.S., to delete a Class F license from a list of licenses for
which each pharmacy shall apply.  Makes a conforming change.

SECTION 5. Repeals Section 5(10), Article 4542a-1, V.T.C.S.
(Definitions).

SECTION 6. Effective date: September 1, 1995.

SECTION 7. Makes application of this Act prospective.

SECTION 8. Emergency clause.