1-1     By:  Berlanga (Senate Sponsor - Zaffirini)            H.B. No. 3075

 1-2           (In the Senate - Received from the House May 15, 1997;

 1-3     May 16, 1997, read first time and referred to Committee on Health

 1-4     and Human Services; May 18, 1997, reported favorably by the

 1-5     following vote:  Yeas 11, Nays 0; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the possession of dangerous drugs by a home and

 1-9     community support services agency.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subchapter A, Chapter 142, Health and Safety

1-12     Code, is amended by amending Section 142.0061 and adding Sections

1-13     142.0062 and 142.0063 to read as follows:

1-14           Sec. 142.0061.  POSSESSION OF STERILE WATER OR SALINE

1-15     [DANGEROUS DRUGS].  A home and community support services agency or

1-16     its employees who are registered nurses or licensed vocational

1-17     nurses may purchase, store, or transport for the purpose of

1-18     administering to their home health or hospice patients under

1-19     physician's orders [the following dangerous drugs]:

1-20                 (1)  sterile water for injection and irrigation; and

1-21                 (2)  sterile saline for injection and irrigation.

1-22           Sec. 142.0062.  POSSESSION OF CERTAIN VACCINES OR TUBERCULIN.

1-23     (a)  A home and community support services agency or its employees

1-24     who are registered nurses or licensed vocational nurses may

1-25     purchase, store, or transport for the purpose of administering to

1-26     the agency's employees, home health or hospice patients, or patient

1-27     family members under physician's standing orders the following

1-28     dangerous drugs:

1-29                 (1)  hepatitis B vaccine;

1-30                 (2)  influenza vaccine; and

1-31                 (3)  tuberculin purified protein derivative for

1-32     tuberculosis testing.

1-33           (b)  A home and community support services agency that

1-34     purchases, stores, or transports a vaccine or tuberculin under this

1-35     section shall ensure that any standing order for the vaccine or

1-36     tuberculin:

1-37                 (1)  is signed and dated by the physician;

1-38                 (2)  identifies the vaccine or tuberculin covered by

1-39     the order;

1-40                 (3)  indicates that the recipient of the vaccine or

1-41     tuberculin has been assessed as an appropriate candidate to receive

1-42     the vaccine or tuberculin and has been assessed for the absence of

1-43     any contraindication;

1-44                 (4)  indicates that appropriate procedures are

1-45     established for responding to any negative reaction to the vaccine

1-46     or tuberculin; and

1-47                 (5)  orders that a specific medication or category of

1-48     medication be administered if the recipient has a negative reaction

1-49     to the vaccine or tuberculin.

1-50           Sec. 142.0063.  POSSESSION OF CERTAIN DANGEROUS DRUGS.

1-51     (a)  A home and community support services agency in compliance

1-52     with this section or its employees who are registered nurses or

1-53     licensed vocational nurses may purchase, store, or transport for

1-54     the purpose of administering to their home health or hospice

1-55     patients in accordance with Subsection (c) the following dangerous

1-56     drugs:

1-57                 (1)  any of the following items in a sealed portable

1-58     container of a size determined by the dispensing pharmacist:

1-59                       (A)  1,000 milliliters of 0.9 percent sodium

1-60     chloride intravenous infusion;

1-61                       (B)  1,000 milliliters of five percent dextrose

1-62     in water injection; or

1-63                       (C)  sterile saline; or

1-64                 (2)  not more than five dosage units of any of the

 2-1     following items in an individually sealed, unused portable

 2-2     container:

 2-3                       (A)  heparin sodium lock flush in a concentration

 2-4     of 10 units per milliliter or 100 units per milliliter;

 2-5                       (B)  epinephrine HCl solution in a concentration

 2-6     of 1 to 1,000;

 2-7                       (C)  diphenhydramine HCl solution in a

 2-8     concentration of 50 milligrams per milliliter;

 2-9                       (D)  methylprednisolone in a concentration of 125

2-10     milligrams per two milliliters;

2-11                       (E)  naloxone in a concentration of one milligram

2-12     per milliliter in a two-milliliter vial;

2-13                       (F)  promethazine in a concentration of 25

2-14     milligrams per milliliter;

2-15                       (G)  glucagon in a concentration of one milligram

2-16     per milliliter;

2-17                       (H)  furosemide in a concentration of 10

2-18     milligrams per milliliter;

2-19                       (I)  lidocaine 2.5 percent and prilocaine 2.5

2-20     percent cream in a five-gram tube; or

2-21                       (J)  lidocaine HCl solution in a concentration of

2-22     one percent in a two-milliliter vial.

2-23           (b)  A home and community support services agency or the

2-24     agency's authorized employees may purchase, store, or transport

2-25     dangerous drugs in a sealed portable container under this section

2-26     only if the agency has established policies and procedures to

2-27     ensure that:

2-28                 (1)  the container is handled properly with respect to

2-29     storage, transportation, and temperature stability;

2-30                 (2)  a drug is removed from the container only on a

2-31     physician's written or oral order;

2-32                 (3)  the administration of any drug in the container is

2-33     performed in accordance with a specific treatment protocol; and

2-34                 (4)  the agency maintains a written record of the dates

2-35     and times the container is in the possession of a registered nurse

2-36     or licensed vocational nurse.

2-37           (c)  A home and community support services agency or the

2-38     agency's authorized employee who administers a drug listed in

2-39     Subsection (a) may administer the drug only in the patient's

2-40     residence under physician's orders in connection with the provision

2-41     of emergency treatment or the adjustment of:

2-42                 (1)  parenteral drug therapy; or

2-43                 (2)  vaccine or tuberculin administration.

2-44           (d)  If a home and community support services agency or the

2-45     agency's authorized employee administers a drug listed in

2-46     Subsection (a) pursuant to a physician's oral order, the physician

2-47     shall promptly send a signed copy of the order to the agency, and

2-48     the agency shall:

2-49                 (1)  not later than 24 hours after receipt of the

2-50     order, reduce the order to written form and send a copy of the form

2-51     to the dispensing pharmacy by mail or facsimile transmission; and

2-52                 (2)  not later than 20 days after receipt of the order,

2-53     send a copy of the order as signed by and received from the

2-54     physician to the dispensing pharmacy.

2-55           (e)  A pharmacist that dispenses a sealed portable container

2-56     under this section shall ensure that the container:

2-57                 (1)  is designed to allow access to the contents of the

2-58     container only if a tamper-proof seal is broken;

2-59                 (2)  bears a label that lists the drugs in the

2-60     container and provides notice of the container's expiration date,

2-61     which is the earlier of:

2-62                       (A)  the date that is six months after the date

2-63     on which the container is dispensed; or

2-64                       (B)  the earliest expiration date of any drug in

2-65     the container; and

2-66                 (3)  remains in the pharmacy or under the control of a

2-67     pharmacist, registered nurse, or licensed vocational nurse.

2-68           (f)  If a home and community support services agency or the

2-69     agency's authorized employee purchases, stores, or transports a

 3-1     sealed portable container under this section, the agency shall

 3-2     deliver the container to the dispensing pharmacy for verification

 3-3     of drug quality, quantity, integrity, and expiration dates not

 3-4     later than the earlier of:

 3-5                 (1)  the seventh day after the date on which the seal

 3-6     on the container is broken; or

 3-7                 (2)  the date for which notice is provided on the

 3-8     container label.

 3-9           (g)  A pharmacy that dispenses a sealed portable container

3-10     under this section shall take reasonable precautionary measures to

3-11     ensure that the home and community support services agency

3-12     receiving the container complies with Subsection (f).  On receipt

3-13     of a container under Subsection (f), the pharmacy shall perform an

3-14     inventory of the drugs used from the container and shall restock

3-15     and reseal the container before delivering the container to the

3-16     agency for reuse.

3-17           SECTION 2.  Section 483.041(c), Health and Safety Code, is

3-18     amended to read as follows:

3-19           (c)  Subsection (a)  does not apply to the possession of a

3-20     dangerous drug in the usual course of business or practice or in

3-21     the performance of official duties by the following persons or an

3-22     agent or employee of the person:

3-23                 (1)  a pharmacy licensed by the board;

3-24                 (2)  a practitioner;

3-25                 (3)  a person who obtains a dangerous drug for lawful

3-26     research, teaching, or testing, but not for resale;

3-27                 (4)  a hospital that obtains a dangerous drug for

3-28     lawful administration by a practitioner;

3-29                 (5)  an officer or employee of the federal, state, or

3-30     local government;

3-31                 (6)  a manufacturer or wholesaler licensed by the

3-32     commissioner of health under Chapter 431 (Texas Food, Drug, and

3-33     Cosmetic Act);

3-34                 (7)  a carrier or warehouseman; or

3-35                 (8)  a home and community support services agency

3-36     licensed under and acting in accordance with Chapter 142[, which

3-37     may possess sterile water for injection and irrigation and sterile

3-38     saline for injection and irrigation as authorized by Section

3-39     142.0061].

3-40           SECTION 3.  Section 19(f), Texas Pharmacy Act (Article

3-41     4542a-1, Vernon's Texas Civil Statutes), is amended to read as

3-42     follows:

3-43           (f)  This Act does not apply to:

3-44                 (1)  a member of the faculty of a college of pharmacy

3-45     that is recognized by the board if the faculty member is a licensed

3-46     pharmacist and performs his services for the benefit of the college

3-47     only;

3-48                 (2)  a pharmacist-intern;

3-49                 (3)  a person who procures prescription drugs for

3-50     lawful research, teaching, or testing and not for resale; or

3-51                 (4)  a home and community support services agency that

3-52     possesses a dangerous drug as authorized by Section 142.0061,

3-53     142.0062, or 142.0063, Health and Safety Code.

3-54           SECTION 4.  This Act takes effect September 1, 1997.  The

3-55     change in law made by Section 2 of this Act applies only to an

3-56     offense committed on or after the effective date of this Act.  An

3-57     offense committed before the effective date of this Act is covered

3-58     by the law in effect when the offense was committed, and the former

3-59     law is continued in effect for that purpose.  For purposes of this

3-60     section, an offense was committed before the effective date of this

3-61     Act if any element of the offense occurred before that date.

3-62           SECTION 5.  The importance of this legislation and the

3-63     crowded condition of the calendars in both houses create an

3-64     emergency and an imperative public necessity that the

3-65     constitutional rule requiring bills to be read on three several

3-66     days in each house be suspended, and this rule is hereby suspended.

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