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.