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.