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


Office of House Bill AnalysisH.B. 2729
By: Gray
Public Health
4/30/2001
Committee Report (Amended)



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 could 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
convalescent or nursing home or related institution, hospice, hospital,
physician, pharmacy, or individual to donate certain unused prescription
drugs (drugs) to a charitable medical clinic (clinic) and a clinic to
accept and dispense or administer the donated drugs.  The bill requires the
donor to use appropriate safeguards 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).
A person or clinic may be held civilly liable in connection with donating,
accepting, dispensing, or administering drugs only for an act or omission
that is wilfully or wantonly negligent, done with conscious indifference or
reckless disregard for the safety or others, or done with the intent to
harm another (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.   

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 stipulates that it is a licensed convalescent or
nursing home or hospice that is authorized to donate unused prescription
drugs to a charitable medical clinic.  The amendment also requires the
donor to use safeguards established by the Texas Board of Health to ensure
that the drugs are not compromised or illegally diverted while being stored
or transported.