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A BILL TO BE ENTITLED
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AN ACT
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relating to the distribution and redistribution of certain drugs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 562.1085(a), (b), and (e), Occupations |
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Code, are amended to read as follows: |
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(a) A pharmacist who practices in or serves as a consultant |
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for a health care facility or penal institution, as defined by |
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Section 1.07, Penal Code, in this state may return to a pharmacy |
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certain unused drugs, other than a controlled substance as defined |
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by Chapter 481, Health and Safety Code, purchased from the pharmacy |
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as provided by board rule. The unused drugs must: |
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(1) be approved by the federal Food and Drug |
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Administration and be: |
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(A) sealed in unopened tamper-evident packaging |
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and either individually packaged or packaged in unit-dose |
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packaging; |
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(B) oral or parenteral medication in sealed |
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single-dose containers approved by the federal Food and Drug |
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Administration; |
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(C) topical or inhalant drugs in sealed |
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units-of-use containers approved by the federal Food and Drug |
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Administration; or |
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(D) parenteral medications in sealed |
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multiple-dose containers approved by the federal Food and Drug |
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Administration from which doses have not been withdrawn; and |
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(2) not be the subject of a mandatory recall by a state |
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or federal agency or a voluntary recall by a drug seller or |
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manufacturer. |
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(b) A pharmacist for the pharmacy shall examine a drug |
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returned under this section to ensure the integrity of the drug |
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product. A health care facility or penal institution may not return |
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a drug that: |
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(1) has been compounded; |
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(2) appears on inspection to be adulterated; |
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(3) requires refrigeration; or |
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(4) has less than 120 days until the expiration date or |
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end of the shelf life. |
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(e) The board shall adopt the rules, policies, and |
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procedures necessary to administer this section, including rules |
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that require a health care facility or penal institution to inform |
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the Health and Human Services Commission of medicines returned to a |
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pharmacy under this section. |
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SECTION 2. Section 431.321(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) "Charitable medical clinic" means a clinic, including a |
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patient assistance program or charitable pharmacy, that provides |
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medical care or drugs without charge or for a substantially reduced |
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charge, complies with the insurance requirements of Chapter 84, |
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Civil Practice and Remedies Code, and is exempt from federal income |
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tax under Section 501(a) of the Internal Revenue Code of 1986 by |
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being listed as an exempt organization in Section 501(c)(3) or |
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501(c)(4) of the code and is operated exclusively for the promotion |
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of social welfare by being primarily engaged in promoting the |
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common good and general welfare of the people in a community. |
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SECTION 3. Section 431.322, Health and Safety Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) A charitable drug donor who acts within the scope of |
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this section is not required to hold a license under Subchapter N. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |