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.
2-46 * * * * *