HBA-TBM H.B. 2729 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2729
By: Gray
Public Health
7/3/2001
Enrolled



BACKGROUND AND PURPOSE 

Prescription drugs are disposed of for a variety of reasons every day.  If
the remaining dosage of medication is sealed in blister packs or other
packaging that are tamper-resistant, the drugs can be recycled and given to
others in need.  House Bill 2729 authorizes the donation and redistribution
of prescription medication through charitable medical clinics.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Health in
SECTION 1 (Sections 431.323 and 431.324, Health and Safety Code) of this
bill.   

ANALYSIS

House Bill 2729 amends the Health and Safety Code to authorize a charitable
drug donor (donor) to donate certain unused prescription drugs (drugs) to a
charitable medical clinic (clinic) and a clinic to accept, dispense, or
administer the donated drugs.  The bill prohibits a seller or manufacturer
of a drug from donating drugs to a charitable medical clinic except
pursuant to a qualified patient assistance program.  The bill requires the
donor to use appropriate safeguards established by the Texas Board of
Health to ensure that the drugs are not compromised or illegally diverted
while being stored or transported to the clinic (Sec. 431.322).  The bill
sets forth the circumstances under which a clinic is authorized to or
prohibited from accepting and distributing donated drugs (Secs. 431.322 and
431.323).  The bill requires the Texas Department of Health to adopt rules
to implement the drug donation program that are designed to protect the
public health and safety (Sec. 431.324).  The bill sets forth provisions
limiting the liability of donors, clinics, and their employees (Sec.
431.325).   

EFFECTIVE DATE

The provision requiring the Texas Department of Health to adopt rules takes
effect September 1, 2001. The rules and all other provisions of this Act
take effect January 1, 2002.