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 for
1-3 the purpose of administering to home health and hospice patients.
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 A home <health> and community support services agency <that
1-8 is licensed as a Class F Pharmacy under the Texas Pharmacy Act
1-9 (Article 4542a-1, Vernon's Texas Civil Statutes)> or its employees
1-10 who are registered nurses or licensed vocational nurses may
1-11 purchase, store, or transport for the purpose of administering to
1-12 their home health and hospice patients under physician's orders the
1-13 following dangerous drugs: sterile water for injection and
1-14 irrigation, and sterile saline for injection and irrigation. <and
1-15 heparin flush kits for intravenous purposes.>
1-16 SECTION 2. Section 483.041, Health and Safety Code, is
1-17 amended to read as follows:
1-18 (a) A person commits an offense if the person possesses a
1-19 dangerous drug unless the person obtains the drug from a pharmacist
1-20 acting in a manner described by Section 483.042(a)(1) or a
1-21 practitioner acting in a manner described by Section 483.042(a)(2).
1-22 (b) Except as permitted by this chapter, a person commits an
1-23 offense if the person possesses a dangerous drug for the purpose of
2-1 selling the drug.
2-2 (c) Subsection (a) does not apply to the possession of a
2-3 dangerous drug in the usual course of business or practice or in
2-4 the performance of official duties by the following persons or an
2-5 agent or employee of the person:
2-6 (1) a pharmacy, drug store, dispensary, apothecary
2-7 shop, or prescription laboratory registered by the board;
2-8 (2) a practitioner;
2-9 (3) a person who obtains a dangerous drug for lawful
2-10 research, teaching, or testing, but not for resale;
2-11 (4) a hospital that obtains a dangerous drug for
2-12 lawful administration by a practitioner;
2-13 (5) an officer or employee of the federal, state or
2-14 local government;
2-15 (6) a manufacturer or wholesaler registered with the
2-16 commissioner of health under Chapter 431 (Texas Food, Drug, and
2-17 Cosmetic Act);
2-18 (7) a carrier or warehouseman; or
2-19 (8) a home <health> and community support services
2-20 agency licensed under Chapter 142, which may possess sterile water
2-21 for injection and irrigation, and sterile saline for injection and
2-22 irrigation, <and heparin flush kits for intravenous flushes,> as
2-23 authorized by Section 142.0061.
2-24 SECTION 3. Article 4542a-Section 5(10), Revised Statutes, is
2-25 amended to read as follows:
3-1 <(10) "Class F Pharmacy license" means a license
3-2 issued to a pharmacy located in a facility licensed under Chapter
3-3 142, Health and Safety Code, for the purpose of dispensing,
3-4 distributing, or administering to their patients under physicians'
3-5 orders the following dangerous drugs: sterile water for injection
3-6 and irrigation, sterile saline for injection and irrigation, and
3-7 heparin flush kits for intravenous flushes.>
3-8 SECTION 4. Article 4542a-1(f), Revised Statutes, is amended
3-9 to read as follows:
3-10 (f) This Act does not apply to:
3-11 (1) a member of the faculty of a college of pharmacy
3-12 that is recognized by the board if the faculty member is a licensed
3-13 pharmacist and performs his services for the benefit of the college
3-14 only;
3-15 (2) a pharmacist-intern; <or>
3-16 (3) a person who procures prescription drugs for
3-17 lawful research, teaching, or testing and not for resale; or
3-18 (4) a home and community support services agency
3-19 possessing dangerous drugs as authorized by Section 142.0061,
3-20 Health and Safety Code.
3-21 SECTION 5. Article 4542a-Section 29(b)(6) and (c)(6),
3-22 Revised Statutes, are amended to read as follows:
3-23 (b) Each pharmacy shall apply for a license in one or more
3-24 of the following classifications:
3-25 <(6) Class F.>
4-1 (c) Each pharmacy shall be under the supervision of a
4-2 pharmacist as follows:
4-3 <(6) a Class F pharmacy shall be under the continuous
4-4 supervision of a pharmacist whose services shall be required
4-5 according to the needs of the pharmacy.>
4-6 SECTION 6. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended.