BILL ANALYSIS



H.B. 3058
By: Van de Putte
04-25-95
Committee Report (Unamended)


BACKGROUND

Hospices, as licensed in Texas and elsewhere, traditionally attempt
to provide services to their patients in a "home" setting. When
individuals select the Medicaid/Medicare Hospice Benefit, they
waive their right to hospitalization. However, a hospice is
required by Medicare and Medicaid to provide acute care as needed
by a patient. Given this responsibility, a handful of hospices in
Texas and elsewhere in the United States have built or are in the
process of building free-standing, in-patient facilities to care
for the special needs of these patients. The high level of medical
care required by patients in such facilities necessitates the
ability to change medication rapidly in order to control symptoms.
These facilities are licensed under Chapter 142, Health and Safety
Code and have the same needs as do hospitals for an institutional
pharmacy located on their premises.

PURPOSE

The purpose of the bill is to allow licensed hospice in-patient
facilities to obtain the same type of institutional pharmacy
license that is issued to a pharmacy in a hospital or other in-patient facilities licensed under Chapter 241, Health and Safety
Code, or Chapter 6, Texas Mental Code (Article 5547-1 et seq.,
Vernon's Texas Civil Statutes).  The bill does not allow any
hospice other than one that is authorized as an in-patient facility
to acquire a Class C Pharmacy License.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Adds language to Subsection (7), Section 5 of Article
4542a-1, Vernon's Texas Civil Statutes, which allows a hospice with
an in-patient facility, along with hospitals and other in-patient
facilities, to obtain a Class C Pharmacy License.

SECTION 2.  Effective date: September 1, 1995.

SECTION 3.  Emergency Clause.

SUMMARY OF COMMITTEE ACTION

H.B. 3058 was considered by the Public Health Committee in a public
hearing on April 25, 1995.

The following persons testified in favor of the bill:
Representative Van de Putte, author of the bill.
William (Bill) Springfield, RPh, representing self and the Hospice
at the Texas Medical Center.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
6 AYES, 0 NAYS, 0 PNV, and 3 ABSENT.