78R3119 JD-D

By:  Mercer                                                       H.B. No. 825


A BILL TO BE ENTITLED
AN ACT
relating to the information required to be on the label of a dangerous drug that is delivered or offered for delivery by a pharmacist under a prescription. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 483.042(a), Health and Safety Code, is amended to read as follows: (a) A person commits an offense if the person delivers or offers to deliver a dangerous drug: (1) unless: (A) the dangerous drug is delivered or offered for delivery by a pharmacist under: (i) a prescription issued by a practitioner described by Section 483.001(12)(A) or (B); (ii) a prescription signed by a registered nurse or physician assistant in accordance with Subchapter B, Chapter 157, Occupations Code; or (iii) an original written prescription issued by a practitioner described by Section 483.001(12)(C); and (B) a label is attached to the immediate container in which the drug is delivered or offered to be delivered and the label contains the following information: (i) the name and address of the pharmacy from which the drug is delivered or offered for delivery; (ii) the date the prescription for the drug is dispensed; (iii) the number of the prescription as filed in the prescription files of the pharmacy from which the prescription is dispensed; (iv) the name of the practitioner who prescribed the drug and, if applicable, the name of the registered nurse or physician assistant who signed the prescription; (v) the name of the patient and, if the drug is prescribed for an animal, a statement of the species of the animal; [and] (vi) directions for the use of the drug as contained in the prescription; and (vii) the expiration date of the drug as specified by the manufacturer; or (2) unless: (A) the dangerous drug is delivered or offered for delivery by: (i) a practitioner in the course of practice; or (ii) a registered nurse or physician assistant in the course of practice in accordance with Subchapter B, Chapter 157, Occupations Code; and (B) a label is attached to the immediate container in which the drug is delivered or offered to be delivered and the label contains the following information: (i) the name and address of the practitioner who prescribed the drug, and if applicable, the name and address of the registered nurse or physician assistant; (ii) the date the drug is delivered; (iii) the name of the patient and, if the drug is prescribed for an animal, a statement of the species of the animal; and (iv) the name of the drug, the strength of the drug, and directions for the use of the drug. SECTION 2. (a) This Act takes effect September 1, 2003. (b) The change in law made by this Act applies only to an offense committed on or after September 1, 2003. (c) An offense committed before September 1, 2003, is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before September 1, 2003, if any element of the offense was committed before that date.