By Lindsay S.B. No. 1087
76R7071 JRD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the maintenance of dangerous drugs and controlled
1-3 substances at a convalescent or nursing home or at an intermediate
1-4 care facility for the mentally retarded.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 242.615, Health and Safety Code, is
1-7 amended to read as follows:
1-8 Sec. 242.615. MAINTENANCE OF DANGEROUS DRUGS AND CONTROLLED
1-9 SUBSTANCES [EMERGENCY MEDICATION KIT]. (a) In this section,
1-10 "controlled substance" and "dangerous drug" have the meanings
1-11 assigned by Section 5, Texas Pharmacy Act (Article 4542a-1,
1-12 Vernon's Texas Civil Statutes).
1-13 (b) An institution licensed under this chapter may [is
1-14 entitled to] maintain a supply of dangerous drugs and controlled
1-15 substances [in an emergency medication kit] for a resident's
1-16 therapeutic [emergency medication] needs only in a pharmacy
1-17 licensed under the Texas Pharmacy Act (Article 4542a-1, Vernon's
1-18 Texas Civil Statutes) and only in compliance with that law.
1-19 [(b) The controlled substances shall be labeled in
1-20 accordance with all applicable state and federal food and drug
1-21 laws, including Chapter 481 (Texas Controlled Substances Act).]
1-22 (c) [The board shall adopt rules governing the amount, type,
1-23 and procedure for use of the controlled substances in the emergency
1-24 medication kit. The storage of the controlled substances in the
2-1 kit is under the supervision of the consultant pharmacist.]
2-2 [(d)] The administration of the dangerous drugs and
2-3 controlled substances [in the emergency medication kit] shall
2-4 comply with all applicable laws.
2-5 SECTION 2. Section 252.153, Health and Safety Code, is
2-6 amended to read as follows:
2-7 Sec. 252.153. MAINTENANCE OF DANGEROUS DRUGS AND CONTROLLED
2-8 SUBSTANCES [EMERGENCY MEDICATION KIT]. (a) In this section,
2-9 "controlled substance" and "dangerous drug" have the meanings
2-10 assigned by Section 5, Texas Pharmacy Act (Article 4542a-1,
2-11 Vernon's Texas Civil Statutes).
2-12 (b) A facility licensed under this chapter may [is entitled
2-13 to] maintain a supply of dangerous drugs and controlled substances
2-14 [in an emergency medication kit] for a resident's therapeutic
2-15 [emergency medication] needs only in a pharmacy licensed under the
2-16 Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes)
2-17 and only in compliance with that law.
2-18 [(b) The controlled substances shall be labeled in
2-19 accordance with all applicable state and federal food and drug
2-20 laws, including Chapter 481 (Texas Controlled Substances Act).]
2-21 (c) [The board shall adopt rules governing the amount, type,
2-22 and procedure for use of the controlled substances in the emergency
2-23 medication kit. The storage of the controlled substances in the
2-24 kit is under the supervision of the consultant pharmacist.]
2-25 [(d)] The administration of the dangerous drugs and
2-26 controlled substances [in the emergency medication kit] shall
2-27 comply with all applicable laws.
3-1 SECTION 3. Section 17, Texas Pharmacy Act (Article 4542a-1,
3-2 Vernon's Texas Civil Statutes), is amended by adding Subsection
3-3 (bb) to read as follows:
3-4 (bb) The board shall adopt rules governing the amount and
3-5 type of dangerous drugs and controlled substances that may be
3-6 maintained at a pharmacy for an institution regulated under Chapter
3-7 242, Health and Safety Code, or for a facility regulated under
3-8 Chapter 252, Health and Safety Code, to meet the needs of residents
3-9 at the institution or facility.
3-10 SECTION 4. This Act takes effect September 1, 1999.
3-11 SECTION 5. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.