SRC-JRN H.B. 3075 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3075
By: Berlanga (Zaffirini)
Health & Human Services
5-16-97
Engrossed


DIGEST 

Currently, home and community support services agencies are required under
their licensure rules to offer their employees the Hepatitis B vaccine and
tuberculosis testing, but are prohibited from possessing these
immunization drugs.  If a patient's physician writes an individual order
for a vaccine, a nurse from the home and community support services agency
is required to get the prescription filled at a pharmacy.  This bill
allows home and community support agencies to possess Hepatitis B and
influenza vaccines, tuberculin derivative tests, and sealed anaphylactic
containers under exemptions and provisions of this Act. 

PURPOSE

As proposed, H.B. 3075 allows home and community support agencies to
possess Hepatitis B and influenza vaccines, tuberculin derivative tests,
and sealed anaphylactic containers under exemptions and provisions of this
Act. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 142A, Health and Safety Code, by amending
Section 142.0061, and adding Sections 142.0062 and 142.0063, as follows: 

Sec. 142.0061.  New heading:  POSSESSION OF STERILE WATER OR SALINE.

Sec. 142.0062.  POSSESSION OF CERTAIN VACCINES OR TUBERCULIN.  Sets forth
provisions authorizing a home or community support services agency or its
employees, who are registered nurses or licensed vocational nurses, to
possess certain dangerous drugs for the purpose of administering the drugs
to the agency's employees, home health or hospice patients, or patient
family members under a physician's standing orders.  Requires a home and
community support services agency that purchases, stores, or transports a
vaccine or tuberculin under this section to ensure certain provisions.   

Sec. 142.0063.  POSSESSION OF CERTAIN DANGEROUS DRUGS.  Sets forth
provisions authorizing a home and community support services agency to
possess certain dangerous drugs in varying amounts in accordance with
Subsection (c).  Sets forth provisions relating to the administration of
dangerous drugs by a home and community support services agency.  Sets
forth provisions relating to the containers of dangerous drugs. 

SECTION 2. Amends Section 483.041(c), Health and Safety Code, to provide
that Subsection (a) does not apply to the possession of a dangerous drug
by a home and community support services agency licensed under and acting
in accordance with Chapter 142, among other provisions.  Deletes a
provision relating to agencies which may possess sterile water for
injection and irrigation and sterile saline for injection and irrigation
as authorized by Section 142.0061. 

SECTION 3. Amends Section 19(f), Article 4542a-1, V.T.C.S., to provide
that this Act does not apply to a home and community support services
agency that possesses a dangerous drug as  authorized by Section 142.0061,
142.0062, or 142.0063, Health and Safety Code. 

SECTION 4. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 5. Emergency clause.