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.