LSL H.B. 358 75(R)BILL ANALYSIS


PUBLIC HEALTH
H.B. 358
By: Maxey
2-19-97
Committee Report (Unamended)



BACKGROUND 

Under state law, the Texas Department of Health (TDH) is authorized to
place under detention any potentially misbranded or adulterated drug or
medical device. The law, however, does not specify that such detained
products cannot be used. For example, according to the current statute, a
detained hazardous laser device could continue to be used as long as it is
not destroyed or moved. 

PURPOSE

H.B. 358 prohibits the use of certain articles detained or embargoed by
TDH under the authority of the Health & Safety Code. 

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.  Amends Section 431.021(j), Health & Safety Code, by
prohibiting the use of a detained or embargoed article.   

SECTION 2.  Amends Sections 431.048(b) and (c), Health & Safety Code, by
specifying that tags or markings on detained or embargoed articles must
include a warning not to use the article unless permission for use is
given by the Commissioner of Health, an authorized agent, or a court.
Prohibits the use of such articles without permission of the
aforementioned authority. 

SECTION 3.  Amends Section 431.049(a), Health & Safety Code, by allowing
the Commissioner or an authorized agent, under specific circumstances, to
order the transfer of articles to secure storage areas to prevent their
unauthorized use. 

SECTION 4.  Emergency clause.