By Oliveira                                           H.B. No. 3652
         76R7201 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, 1999, 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.