74R6355 DLF-F
By McDonald H.B. No. 1408
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to purchasing, storing, or transporting certain drugs to
1-3 be administered to a home health or hospice patient.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 142.0061, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 142.0061. POSSESSION OF DANGEROUS DRUGS. A home and
1-8 community support services <health> agency <that is licensed as a
1-9 Class F Pharmacy under the Texas Pharmacy Act (Article 4542a-1,
1-10 Vernon's Texas Civil Statutes)> or its employees who are registered
1-11 nurses or licensed vocational nurses may purchase, store, or
1-12 transport for the purpose of administering to their home health or
1-13 hospice patients under physician's orders the following dangerous
1-14 drugs:
1-15 (1) sterile water for injection and irrigation; and<,>
1-16 (2) sterile saline for injection and irrigation<, and
1-17 heparin flush kits for intravenous flushes>.
1-18 SECTION 2. Section 483.041(c), Health and Safety Code, is
1-19 amended to read as follows:
1-20 (c) Subsection (a) does not apply to the possession of a
1-21 dangerous drug in the usual course of business or practice or in
1-22 the performance of official duties by the following persons or an
1-23 agent or employee of the person:
2-1 (1) a pharmacy licensed by the board;
2-2 (2) a practitioner;
2-3 (3) a person who obtains a dangerous drug for lawful
2-4 research, teaching, or testing, but not for resale;
2-5 (4) a hospital that obtains a dangerous drug for
2-6 lawful administration by a practitioner;
2-7 (5) an officer or employee of the federal, state, or
2-8 local government;
2-9 (6) a manufacturer or wholesaler licensed by the
2-10 commissioner of health under Chapter 431 (Texas Food, Drug, and
2-11 Cosmetic Act);
2-12 (7) a carrier or warehouseman; or
2-13 (8) a home and community support services <health>
2-14 agency licensed under Chapter 142, which may possess sterile water
2-15 for injection and irrigation and<,> sterile saline for injection
2-16 and irrigation<, and heparin flush kits for intravenous flushes,>
2-17 as authorized by Section 142.0061.
2-18 SECTION 3. Section 19(f), Texas Pharmacy Act (Article
2-19 4542a-1, Vernon's Texas Civil Statutes), is amended to read as
2-20 follows:
2-21 (f) This Act does not apply to:
2-22 (1) a member of the faculty of a college of pharmacy
2-23 that is recognized by the board if the faculty member is a licensed
2-24 pharmacist and performs his services for the benefit of the college
2-25 only;
3-1 (2) a pharmacist-intern; <or>
3-2 (3) a person who procures prescription drugs for
3-3 lawful research, teaching, or testing and not for resale; or
3-4 (4) a home and community support services agency that
3-5 possesses a dangerous drug as authorized by Section 142.0061,
3-6 Health and Safety Code.
3-7 SECTION 4. Sections 29(b) and (c), Texas Pharmacy Act
3-8 (Article 4542a-1, Vernon's Texas Civil Statutes), are amended to
3-9 read as follows:
3-10 (b) Each pharmacy shall apply for a license in one or more
3-11 of the following classifications:
3-12 (1) Class A;
3-13 (2) Class B;
3-14 (3) Class C;
3-15 (4) Class D; or
3-16 (5) Class E<; or>
3-17 <(6) Class F>.
3-18 (c) Each pharmacy shall be under the supervision of a
3-19 pharmacist as follows:
3-20 (1) a Class A pharmacy shall be under the continuous
3-21 on-site supervision of a pharmacist during the time it is open for
3-22 pharmacy services;
3-23 (2) a Class B pharmacy shall be under the continuous
3-24 on-site supervision of a pharmacist during the time it is open for
3-25 pharmacy services;
4-1 (3) a Class C pharmacy shall be under the continuous
4-2 on-site supervision of a pharmacist in institutions with more than
4-3 100 beds during the time it is open for pharmacy services; in
4-4 institutions with 100 beds or fewer, the services of a pharmacist
4-5 shall be required on a part-time or consulting basis according to
4-6 the needs of the institution;
4-7 (4) a Class D pharmacy shall be under the continuous
4-8 supervision of a pharmacist whose services shall be required
4-9 according to the needs of the pharmacy; and
4-10 (5) a Class E pharmacy shall be under the continuous
4-11 on-site supervision of a pharmacist and shall designate one
4-12 pharmacist licensed to practice pharmacy by the regulatory or
4-13 licensing agency of the state in which the Class E pharmacy is
4-14 located to serve as the pharmacist-in-charge of the Class E
4-15 pharmacy license<; and>
4-16 <(6) a Class F pharmacy shall be under the continuous
4-17 supervision of a pharmacist whose services shall be required
4-18 according to the needs of the pharmacy>.
4-19 SECTION 5. Section 5(10), Texas Pharmacy Act (Article
4-20 4542a-1, Vernon's Texas Civil Statutes), is repealed.
4-21 SECTION 6. This Act takes effect September 1, 1995.
4-22 SECTION 7. (a) The change in law made by this Act applies
4-23 only to an offense committed on or after the effective date of this
4-24 Act. For purposes of this section, an offense is committed before
4-25 the effective date of this Act if any element of the offense occurs
5-1 before the effective date.
5-2 (b) An offense committed before the effective date of this
5-3 Act is covered by the law in effect when the offense was committed,
5-4 and the former law is continued in effect for that purpose.
5-5 SECTION 8. The importance of this legislation and the
5-6 crowded condition of the calendars in both houses create an
5-7 emergency and an imperative public necessity that the
5-8 constitutional rule requiring bills to be read on three several
5-9 days in each house be suspended, and this rule is hereby suspended.