1-1     By:  Madla                                             S.B. No. 511
 1-2           (In the Senate - Filed February 15, 1999; February 16, 1999,
 1-3     read first time and referred to Committee on Health Services;
 1-4     March 1, 1999, reported favorably by the following vote:  Yeas 5,
 1-5     Nays 0; March 1, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the definition of a dangerous drug.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Subdivision (15), Section 5, Texas Pharmacy Act
1-11     (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
1-12     read as follows:
1-13                 (15)  "Dangerous drug" means any drug or device that is
1-14     not included in Penalty Groups 1-4 of the Controlled Substances Act
1-15     and that is unsafe for self-medication or any drug or device that
1-16     bears or is required to bear the legend:
1-17                       (A)  "Caution:  federal law prohibits dispensing
1-18     without prescription" or, at a minimum, "Rx only"; or
1-19                       (B)  "Caution:  federal law restricts this drug
1-20     to use by or on the order of a licensed veterinarian."
1-21           SECTION 2.  Subdivision (2), Section 483.001, Health and
1-22     Safety Code, is amended to read as follows:
1-23                 (2)  "Dangerous drug" means a device or a drug that is
1-24     unsafe for self-medication and that is not included in Schedules I
1-25     through V or Penalty Groups 1 through 4 of Chapter 481 (Texas
1-26     Controlled Substances Act).  The term includes a device or a drug
1-27     that bears or is required to bear the legend:
1-28                       (A)  "Caution:  federal law prohibits dispensing
1-29     without prescription" or, at a minimum, "Rx only"; or
1-30                       (B)  "Caution:  federal law restricts this drug
1-31     to use by or on the order of a licensed veterinarian."
1-32           SECTION 3.  This Act takes effect September 1, 1999.
1-33           SECTION 4.  The importance of this legislation and the
1-34     crowded condition of the calendars in both houses create an
1-35     emergency and an imperative public necessity that the
1-36     constitutional rule requiring bills to be read on three several
1-37     days in each house be suspended, and this rule is hereby suspended.
1-38                                  * * * * *