79R15326 MXM-F
By: Leibowitz H.B. No. 820
Substitute the following for H.B. No. 820:
By: McReynolds C.S.H.B. No. 820
A BILL TO BE ENTITLED
AN ACT
relating to the labeling requirements for drugs dispensed to
consumers by pharmacists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 562.006, Occupations Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) The [Unless otherwise directed by the practitioner,
the] label on the dispensing container must indicate:
(1) the actual drug dispensed, indicated by either[:
[(1)] the brand name[;] or,
[(2)] if there is not a brand name, the generic name;
(2)[,] the strength of the drug;
(3)[, and] the name of the manufacturer or distributor
of the drug; and
(4) the expiration date for the use of the drug, which
must be:
(A) the date on which the effectiveness of the
drug dispensed expires, if that date is before the first
anniversary of the date the drug was dispensed; or
(B) the first anniversary of the date the drug
was dispensed, if the date on which the effectiveness of the drug
dispensed expires is after the first anniversary of the date the
drug was dispensed.
(c) The label on the dispensing container or on an auxiliary
or flag label must include a color image or a description of a
single dose of the drug dispensed. The description must include the
color and shape of, and any identification code that appears on, the
tablet or capsule dispensed. The identification code is not
required in the description if the identification code is not
available in a governmental or commercially available database or
file.
SECTION 2. Section 562.006, Occupations Code, as amended by
this Act, applies only to a drug dispensed on or after the effective
date of this Act. A drug dispensed before the effective date of
this Act is governed by the law in effect immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect January 1, 2006.