C.S.H.B. 3014 78(R)    BILL ANALYSIS


C.S.H.B. 3014
By: Capelo
Public Health
Committee Report (Substituted)
      


BACKGROUND AND PURPOSE 

Currently, pharmaceutical manufactures and other third parties are
prohibited from donating drugs and devices to state agencies for use by
the state.  This practice inhibits the state's ability to take advantage
of free drugs and devices offered by companies. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Commissioner of the Health and Human Services Commission in
SECTION  1 (Section 531.0381, Government Code) of this bill. 

ANALYSIS

A pharmaceutical manufacturer, distributor, provider or another entity
engaged in a pharmaceuticalrelated business  may make a gift or grant of
money, drugs, equipment, or any other item of value to a health and human
services agency, subject to written approval from the Commissioner of
Health and Human Services. 

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary votes the Act
becomes effective September 1, 2003. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original by specifying a health and human
services agency rather than any state agency.  Additionally, the
substitute outlines that gifts and grants must be consistent with
applicable federal law and that the section does not affect the authority
under other law of the commission or a health and human services agency to
accept a gift or grant from a nonpharmaceutical source.