By Puente                                        H.B. No. 807

      75R4327 MCK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to requiring certain pharmacists to provide certain drugs

 1-3     to certain clinics.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 439.021, Health and Safety Code, is

 1-6     amended to read as follows:

 1-7           Sec. 439.021.  SHIPMENT TO LOCAL PUBLIC HEALTH CLINICS OR

 1-8     FOREIGN COUNTRIES.  (a)  Unless prohibited by federal law, a

 1-9     consulting pharmacist of a nursing home shall select, from a supply

1-10     of drugs due for destruction, all drugs purchased for a Medicaid or

1-11     Medicare recipient to be used for shipment to a public health

1-12     clinic conducted by the local health unit, health department,

1-13     public health district organized and recognized under Chapter 121,

1-14     or hospital district.  Quarterly, before the drugs are destroyed,

1-15     the consulting pharmacist shall select the drugs to be used under

1-16     this subsection and seal them in a box for shipment.  The

1-17     pharmacist may remove drugs selected for shipment under this

1-18     subsection if the pharmacist, in the pharmacist's professional

1-19     judgment, believes that the drug is unsafe.

1-20           (b)  A consulting pharmacist of a nursing home may select,

1-21     from a supply of drugs due for destruction, certain drugs, other

1-22     than those  drugs purchased for a Medicaid or Medicare recipient,

1-23     to be used for shipment to a foreign country as provided by this

1-24     subchapter.  Quarterly, before the drugs  are destroyed, the

 2-1     consulting pharmacist may, in the pharmacist's professional

 2-2     judgment, select the drugs to be used under this subsection and

 2-3     seal them in a box for shipment.

 2-4           (c) [(b)]  The supply of drugs due for destruction are those

 2-5     drugs accumulated because of the death of a resident of the nursing

 2-6     home or because a physician has ordered the use of the drug to be

 2-7     discontinued.

 2-8           [(c)  Quarterly, before the drugs are destroyed, the

 2-9     consulting pharmacist may, in the pharmacist's professional

2-10     judgment, select the drugs to be used under this subchapter and

2-11     seal them in a box for shipment.]

2-12           (d)  The consulting pharmacist shall account to the Texas

2-13     Department of Health for all drugs selected for shipment under this

2-14     subchapter.

2-15           (e)  Subsection (b) [This subchapter] does not apply if the

2-16     unused drug is a controlled substance as defined by Chapter 481

2-17     (Texas Controlled Substances Act).

2-18           SECTION 2.  This Act takes effect September 1, 1997, and

2-19     applies to any drug scheduled for destruction on or after that

2-20     date.

2-21           SECTION 3.  The importance of this legislation and the

2-22     crowded condition of the calendars in both houses create an

2-23     emergency and an imperative public necessity that the

2-24     constitutional rule requiring bills to be read on three several

2-25     days in each house be suspended, and this rule is hereby suspended.