1-1 By: Swinford (Senate Sponsor - Bivins) H.B. No. 1975
1-2 (In the Senate - Received from the House April 19, 1999;
1-3 April 20, 1999, read first time and referred to Committee on
1-4 Natural Resources; May 6, 1999, reported favorably, as amended, by
1-5 the following vote: Yeas 5, Nays 0; May 6, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Bivins
1-7 Amend H.B. 1975 by adding the following new section and
1-8 renumbering the remaining sections accordingly.
1-9 SECTION 1. Subdivision (2), Section 483.001, Health and
1-10 Safety Code, is amended to read as follows:
1-11 (2) "Dangerous drug" means a device or a drug that is unsafe
1-12 for self-medication and that is not included in Schedules I through
1-13 V or Penalty Groups 1 through 4 of Chapter 481 (Texas Controlled
1-14 Substances Act). The term includes a device or a drug that bears
1-15 or is required to bear the legend:
1-16 (A) "Caution: federal law prohibits dispensing
1-17 without prescription" or at a minimum, "Rx only"; or
1-18 (B) "Caution: federal law restricts this drug to use
1-19 by or on the order of a licensed veterinarian."
1-20 COMMITTEE AMENDMENT NO. 2 By: Bivins
1-21 Amend H.B. 1975 by adding the following new section 3 and
1-22 renumbering the remaining sections accordingly:
1-23 SECTION 3. Subdivisions (15) and (41), Section 5, Texas
1-24 Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), are
1-25 amended to read as follows:
1-26 (15) "Dangerous drug" means any drug or device that is not
1-27 included in Penalty Groups 1-4 of the Controlled Substances Act and
1-28 that is unsafe for self-medication or any drug or device that bears
1-29 or is required to bear the legend:
1-30 (A) "Caution: federal law prohibits dispensing
1-31 without prescription" or, at a minimum, "Rx only"; or
1-32 (B) "Caution: federal law restricts this drug to use
1-33 by or on the order of a licensed veterinarian."
1-34 (41) "Prescription drug" means:
1-35 (A) a dangerous drug; or [a substance for which
1-36 federal or state law requires a prescription before it may be
1-37 legally dispensed to the public;]
1-38 (B) a controlled substance. [a drug or device that
1-39 under federal law is required, prior to being dispensed or
1-40 delivered, to be labeled with either the following statements;]
1-41 [(i) "Caution: federal law prohibits dispensing
1-42 without prescription"; or]
1-43 [(ii) "Caution: federal law restricts this drug
1-44 to use by or on the order of a licensed veterinarian"; or]
1-45 [(C) a drug or device that is required by any
1-46 applicable federal or state law or regulation to be dispensed on
1-47 prescription only or is restricted to use by a practitioner only.]
1-48 A BILL TO BE ENTITLED
1-49 AN ACT
1-50 relating to the labeling requirements for drugs prescribed or
1-51 dispensed for administration to animals in agricultural operations.
1-52 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-53 SECTION 1. Section 483.042, Health and Safety Code, is
1-54 amended by adding Subsection (f) to read as follows:
1-55 (f) Provided all federal requirements are met, the labeling
1-56 provisions of Subsection (a) do not apply to a dangerous drug
1-57 prescribed or dispensed for administration to food production
1-58 animals in an agricultural operation under a written medical
1-59 directive or treatment guideline from a veterinarian licensed under
1-60 the Veterinary Licensing Act (Article 8890, Revised Statutes) and
1-61 its subsequent amendments.
2-1 SECTION 2. This Act takes effect September 1, 1999.
2-2 SECTION 3. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.
2-7 * * * * *