By Swinford                                           H.B. No. 1846
         76R6320 JD-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the definitions of "dangerous drug" under the Texas
 1-3     Dangerous Drug Act and the Texas Pharmacy Act.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 483.001(2), Health and Safety Code, is
 1-6     amended to read as follows:
 1-7                 (2)  "Dangerous drug" means a device or a drug that is
 1-8     unsafe for self-medication and that is not included in Schedules I
 1-9     through V or Penalty Groups 1 through 4 of Chapter 481 (Texas
1-10     Controlled Substances Act).  The term includes a device or a drug
1-11     that bears or is required to bear the legend:
1-12                       (A)  Caution:  federal law prohibits dispensing
1-13     without prescription; [or]
1-14                       (B)  Caution:  Rx only; or
1-15                       (C)  Caution:  federal law restricts this drug to
1-16     use by or on the order of a licensed veterinarian.
1-17           SECTION 2.  Section 5(15), Texas Pharmacy Act (Article
1-18     4542a-1, Vernon's Texas Civil Statutes), is amended to read as
1-19     follows:
1-20                 (15)  "Dangerous drug" has the meaning assigned by
1-21     Section 483.001, Health and Safety Code. [means any drug or device
1-22     that is not included in Penalty Groups 1-4 of the Controlled
1-23     Substances Act and that is unsafe for self-medication or any drug
1-24     or device that bears or is required to bear the legend:]
 2-1                       [(A)  "Caution:  federal law prohibits dispensing
 2-2     without prescription"; or]
 2-3                       [(B)  "Caution:  federal law restricts this drug
 2-4     to use by or on the order of a licensed veterinarian."]
 2-5           SECTION 3.  This Act takes effect September 1, 1999.
 2-6           SECTION 4.  The importance of this legislation and the
 2-7     crowded condition of the calendars in both houses create an
 2-8     emergency and an imperative public necessity that the
 2-9     constitutional rule requiring bills to be read on three several
2-10     days in each house be suspended, and this rule is hereby suspended.