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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of test results of samples of |
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compounded products. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 556.053, Occupations Code, is amended to |
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read as follows: |
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Sec. 556.053. EXTENT OF INSPECTION; CONFIDENTIALITY. (a) |
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Except as otherwise provided in an inspection warrant, the person |
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authorized to represent the board may: |
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(1) inspect and copy documents, including records or |
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reports, required to be kept or made under this subtitle, Chapter |
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481 or 483, Health and Safety Code, or the Comprehensive Drug Abuse |
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Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.) |
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or rules adopted under one of those laws; |
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(2) inspect, within reasonable limits and in a |
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reasonable manner, a facility's storage, equipment, security, |
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prescription drugs or devices, components used in compounding, |
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finished and unfinished products, or records; or |
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(3) perform an inventory of any stock of prescription |
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drugs or devices, components used in compounding, or finished and |
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unfinished products in a facility and obtain samples of those |
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substances. |
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(b) Reports, records, formulas, and test results of samples |
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of products compounded by pharmacies obtained by the board are |
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confidential and do not constitute public information for purposes |
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of Chapter 552, Government Code. The board may create, use, or |
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disclose statistical information from the test results of samples |
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of compounded products. |
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SECTION 2. 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, 2009. |