1-1  By:  McDonald (Senate Sponsor - Montford)             H.B. No. 1408
    1-2        (In the Senate - Received from the House April 21, 1995;
    1-3  April 24, 1995, read first time and referred to Committee on Health
    1-4  and Human Services; May 10, 1995, reported favorably by the
    1-5  following vote:  Yeas 5, Nays 0; May 10, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to purchasing, storing, or transporting certain drugs to
    1-9  be administered to a home health or hospice patient.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 142.0061, Health and Safety Code, is
   1-12  amended to read as follows:
   1-13        Sec. 142.0061.  POSSESSION OF DANGEROUS DRUGS.  A home and
   1-14  community support services <health> agency <that is licensed as a
   1-15  Class F Pharmacy under the Texas Pharmacy Act (Article 4542a-1,
   1-16  Vernon's Texas Civil Statutes)> or its employees who are registered
   1-17  nurses or licensed vocational nurses may purchase, store, or
   1-18  transport for the purpose of administering to their home health or
   1-19  hospice patients under physician's orders the following dangerous
   1-20  drugs:
   1-21              (1)  sterile water for injection and irrigation; and<,>
   1-22              (2)  sterile saline for injection and irrigation<, and
   1-23  heparin flush kits for intravenous flushes>.
   1-24        SECTION 2.  Section 483.041(c), Health and Safety Code, is
   1-25  amended to read as follows:
   1-26        (c)  Subsection (a) does not apply to the possession of a
   1-27  dangerous drug in the usual course of business or practice or in
   1-28  the performance of official duties by the following persons or an
   1-29  agent or employee of the person:
   1-30              (1)  a pharmacy licensed by the board;
   1-31              (2)  a practitioner;
   1-32              (3)  a person who obtains a dangerous drug for lawful
   1-33  research, teaching, or testing, but not for resale;
   1-34              (4)  a hospital that obtains a dangerous drug for
   1-35  lawful administration by a practitioner;
   1-36              (5)  an officer or employee of the federal, state, or
   1-37  local government;
   1-38              (6)  a manufacturer or wholesaler licensed by the
   1-39  commissioner of health under Chapter 431 (Texas Food, Drug, and
   1-40  Cosmetic Act);
   1-41              (7)  a carrier or warehouseman; or
   1-42              (8)  a home and community support services <health>
   1-43  agency licensed under Chapter 142, which may possess sterile water
   1-44  for injection and irrigation and<,> sterile saline for injection
   1-45  and irrigation<, and heparin flush kits for intravenous flushes,>
   1-46  as authorized by Section 142.0061.
   1-47        SECTION 3.  Section 19(f), Texas Pharmacy Act (Article
   1-48  4542a-1, Vernon's Texas Civil Statutes), is amended to read as
   1-49  follows:
   1-50        (f)  This Act does not apply to:
   1-51              (1)  a member of the faculty of a college of pharmacy
   1-52  that is recognized by the board if the faculty member is a licensed
   1-53  pharmacist and performs his services for the benefit of the college
   1-54  only;
   1-55              (2)  a pharmacist-intern; <or>
   1-56              (3)  a person who procures prescription drugs for
   1-57  lawful research, teaching, or testing and not for resale; or
   1-58              (4)  a home and community support services agency that
   1-59  possesses a dangerous drug as authorized by Section 142.0061,
   1-60  Health and Safety Code.
   1-61        SECTION 4.  Sections 29(b) and (c), Texas Pharmacy Act
   1-62  (Article 4542a-1, Vernon's Texas Civil Statutes), are amended to
   1-63  read as follows:
   1-64        (b)  Each pharmacy shall apply for a license in one or more
   1-65  of the following classifications:
   1-66              (1)  Class A;
   1-67              (2)  Class B;
   1-68              (3)  Class C;
    2-1              (4)  Class D; or
    2-2              (5)  Class E<; or>
    2-3              <(6)  Class F>.
    2-4        (c)  Each pharmacy shall be under the supervision of a
    2-5  pharmacist as follows:
    2-6              (1)  a Class A pharmacy shall be under the continuous
    2-7  on-site supervision of a pharmacist during the time it is open for
    2-8  pharmacy services;
    2-9              (2)  a Class B pharmacy shall be under the continuous
   2-10  on-site supervision of a pharmacist during the time it is open for
   2-11  pharmacy services;
   2-12              (3)  a Class C pharmacy shall be under the continuous
   2-13  on-site supervision of a pharmacist in institutions with more than
   2-14  100 beds during the time it is open for pharmacy services; in
   2-15  institutions with 100 beds or fewer, the services of a pharmacist
   2-16  shall be required on a part-time or consulting basis according to
   2-17  the needs of the institution;
   2-18              (4)  a Class D pharmacy shall be under the continuous
   2-19  supervision of a pharmacist whose services shall be required
   2-20  according to the needs of the pharmacy; and
   2-21              (5)  a Class E pharmacy shall be under the continuous
   2-22  on-site supervision of a pharmacist and shall designate one
   2-23  pharmacist licensed to practice pharmacy by the regulatory or
   2-24  licensing agency of the state in which the Class E pharmacy is
   2-25  located to serve as the pharmacist-in-charge of the Class E
   2-26  pharmacy license<; and>
   2-27              <(6)  a Class F pharmacy shall be under the continuous
   2-28  supervision of a pharmacist whose services shall be required
   2-29  according to the needs of the pharmacy>.
   2-30        SECTION 5.  Section 5(10), Texas Pharmacy Act (Article
   2-31  4542a-1, Vernon's Texas Civil Statutes), is repealed.
   2-32        SECTION 6.  This Act takes effect September 1, 1995.
   2-33        SECTION 7.  (a) The change in law made by this Act applies
   2-34  only to an offense committed on or after the effective date of this
   2-35  Act. For purposes of this section, an offense is committed before
   2-36  the effective date of this Act if any element of the offense occurs
   2-37  before the effective date.
   2-38        (b)  An offense committed before the effective date of this
   2-39  Act is covered by the law in effect when the offense was committed,
   2-40  and the former law is continued in effect for that purpose.
   2-41        SECTION 8.  The importance of this legislation and the
   2-42  crowded condition of the calendars in both houses create an
   2-43  emergency and an imperative public necessity that the
   2-44  constitutional rule requiring bills to be read on three several
   2-45  days in each house be suspended, and this rule is hereby suspended.
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