Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Berlanga H.B. No. 3075
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the possession of dangerous drugs.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 142.0061, Health and Safety Code, is
1-5 amended by adding Subsections (b) and (c) to read as follows:
1-6 (b) A home and community support services agency or its
1-7 employees who are registered nurses or licensed vocational nurses
1-8 may purchase, store, or transport for the purposes of administering
1-9 to agency employees, patients, or patient family members under a
1-10 physician's standing orders the following dangerous drugs:
1-11 (1) Hepatitis B vaccine;
1-12 (2) influenza vaccine; and
1-13 (3) tuberculin purified protein derivative for testing
1-14 for tuberculosis.
1-15 (c) Standing physician orders for vaccines or tuberculin
1-16 shall:
1-17 (1) be signed and dated by the physician;
1-18 (2) identify the vaccine or tuberculin covered by the
1-19 order;
1-20 (3) indicate that the employee, patient or patient's
1-21 family member should be assessed as an appropriate candidate to
1-22 receive the vaccine and for the absence of contraindications;
1-23 (4) indicate that the appropriate procedures be in
1-24 place for responding to any reactions to the vaccine; and
2-1 (5) order the administration of the specific
2-2 medication or category of medication to be administered if a
2-3 reaction occurs.
2-4 (e) A home and community support services agency or its
2-5 employees who are registered nurses or licensed vocational nurses
2-6 may purchase, store, or transport any one or more of the following
2-7 dangerous drugs in a sealed portable container for the purposes of
2-8 providing emergency treatment or adjustment of parenteral drug
2-9 therapy or vaccine or tuberculin administration to patients at
2-10 home:
2-11 (1) 1000ml of 0.9% sodium chloride intravenous
2-12 infusion in containers of a size determined by the pharmacy;
2-13 (2) 1000ml of 5% dextrose in water injection in
2-14 containers of a size determined by the pharmacy;
2-15 (3) two vials of urokinase 5000 units; and
2-16 (4) any or all of the following items, up to five
2-17 dosage units, in individually sealed unused containers:
2-18 (A) heparin sodium lock flush 100 units/mL;
2-19 (B) heparin sodium lock flush 10 units/mL;
2-20 (C) epinephrine HCl solution 1:1,000;
2-21 (D) epinephrine HCl solution 1:10,000;
2-22 (E) diphenhydramine HCl 50mg/mL;
2-23 (F) methylprednisolone 125 mg/2mL;
2-24 (G) naloxone 1mg/mL 2mL;
2-25 (H) droperidol 5mg/2mL;
2-26 (I) prochlorperazine 10mg/2mL;
2-27 (J) promethazine 25mg/mL;
2-28 (K) dextrose 25gms/50mL;
2-29 (L) glucagon 1mg/mL;
2-30 (M) insulin (human) 100 units/mL;
3-1 (N) bumetamide 0.5mg/2mL;
3-2 (O) furosemide 10mg/mL;
3-3 (P) EMLA cream 5gm tube; and
3-4 (Q) lidocaine 1 percent 30mL vials.
3-5 (f) The portable containers must be sealed in such a manner
3-6 that a tamper-proof seal would have to be broken to gain access to
3-7 the drugs, labeled on the outside of the container with a list of
3-8 the contents and expiration date, and shall be under the control of
3-9 a registered nursed, licensed vocational nurse, or pharmacist when
3-10 not in the pharmacy.
3-11 (g) A home and community support services agency that uses
3-12 sealed portable containers containing dangerous drugs as outlined
3-13 in (e) must have policies and procedures for:
3-14 (1) the storage, temperature stability and
3-15 transportation of the portable container;
3-16 (2) the furnishing of drugs from the portable
3-17 container upon the written or oral authorization of the physician;
3-18 and
3-19 (3) a specific treatment protocol for the
3-20 administration of each medication contained in the portable
3-21 container.
3-22 (h) If the home and community support services agency
3-23 administers a drug in the sealed portable container to a patient
3-24 pursuant to an oral order of a licensed prescriber, the oral order
3-25 must be communicated to the furnishing pharmacy by copy or
3-26 facsimile within twenty-four hours, with a copy of the
3-27 prescriber-signed document forwarded to the furnishing pharmacy
3-28 within twenty days.
3-29 (i) The pharmacy shall ensure that within seven days after
3-30 the seal has been broken on the portable container, the home and
4-1 community support services agency returns the container to the
4-2 furnishing pharmacy. The furnishing pharmacy shall then perform an
4-3 inventory of the drugs used from the container, and if the
4-4 container will be reused, must restock and reseal the container
4-5 before it is again furnished to the agency.
4-6 (j) A home and community support services agency must bring
4-7 the sealed portable container to the furnishing pharmacy for
4-8 verification of product quality, quantity, integrity and expiration
4-9 dates within seven days after the seal has been broken, before the
4-10 expiration date on the container, or annually.
4-11 SECTION 2. Section 483.041, Health and Safety Code, is
4-12 amended to read as follows:
4-13 (a) A person commits an offense if the person possesses a
4-14 dangerous drug unless the person obtains the drug from a pharmacist
4-15 acting in a manner described by Section 483.042(a)(1) or a
4-16 practitioner acting in a manner described by Section 483.042(a)(2).
4-17 (b) Except as permitted by this chapter, a person commits an
4-18 offense if the person possesses a dangerous drug for the purposes
4-19 of selling the drug.
4-20 (c) Subsection (a) does not apply to the possession of a
4-21 dangerous drug in the usual course of business or practice or in
4-22 the performance of official duties by the following persons or an
4-23 agent or employee of the person:
4-24 (1) a pharmacy, drug store, dispensary, apothecary
4-25 shop, or prescription laboratory registered by the board;
4-26 (2) a practitioner;
4-27 (3) a person who obtains a dangerous drug for lawful
4-28 research, teaching or testing, but not for resale;
4-29 (4) a hospital that obtains a dangerous drug for
4-30 lawful administration by a practitioner;
5-1 (5) an officer or employee of the federal, state or
5-2 local government;
5-3 (6) a manufacturer or wholesaler registered with the
5-4 commissioner of health under Chapter 431 (Texas Food, Drug and
5-5 Cosmetic Act);
5-6 (7) a carrier or warehouseman; or
5-7 (8) a home and community support services agency
5-8 licensed under Chapter 142, which may possess sterile water for
5-9 injection and irrigation, sterile saline for injection and
5-10 irrigation, sealed portable containers of dangerous drugs for the
5-11 emergency treatment treatment or adjustment of parenteral drug
5-12 therapy or vaccine or tuberculin administration to patients at
5-13 home, and vaccines and tuberculin purified protein derivative as
5-14 authorized by Section 142.0061.
5-15 SECTION 3. Article 4542a-1 Section 19(f), Revised Statutes,
5-16 is amended to read as follows:
5-17 (f) This Act does not apply to:
5-18 (1) a member of the faculty of a college of pharmacy
5-19 that is recognized by the board if the faculty member is a licensed
5-20 pharmacist and performs his services for the benefit of the college
5-21 only;
5-22 (2) a pharmacist intern; [or]
5-23 (3) a person who procures prescription drugs for
5-24 lawful research, teaching or testing and not for resale; or
5-25 (4) a home and community support services agency
5-26 possessing dangerous drugs as authorized by Section 142.0061,
5-27 Health and Safety Code.
5-28 SECTION 4. The importance of this legislation and the
5-29 crowded condition of the calendars in both houses create an
5-30 emergency and an imperative public necessity that the
6-1 constitutional rule requiring bills to be read on three several
6-2 days in each house be suspended, and this rule is hereby suspended.