81R2059 JAM-F
 
  By: Van de Putte S.B. No. 1127
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the confidentiality of test results of samples of
  compounded products.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 556.053, Occupations Code, is amended to
  read as follows:
         Sec. 556.053.  EXTENT OF INSPECTION; CONFIDENTIALITY.  (a) 
  Except as otherwise provided in an inspection warrant, the person
  authorized to represent the board may:
               (1)  inspect and copy documents, including records or
  reports, required to be kept or made under this subtitle, Chapter
  481 or 483, Health and Safety Code, or the Comprehensive Drug Abuse
  Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.)
  or rules adopted under one of those laws;
               (2)  inspect, within reasonable limits and in a
  reasonable manner, a facility's storage, equipment, security,
  prescription drugs or devices, components used in compounding,
  finished and unfinished products, or records; or
               (3)  perform an inventory of any stock of prescription
  drugs or devices, components used in compounding, or finished and
  unfinished products in a facility and obtain samples of those
  substances.
         (b)  Reports, records, formulas, and test results of samples
  of products compounded by pharmacies obtained by the board are
  confidential and do not constitute public information for purposes
  of Chapter 552, Government Code. The board may create, use, or
  disclose statistical information from the test results of samples
  of compounded products.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.