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A BILL TO BE ENTITLED
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AN ACT
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relating to importing pharmaceuticals from a foreign country. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 6, Health and Safety Code, is |
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amended by adding Chapter 490 to read as follows: |
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CHAPTER 490. IMPORTING PHARMACEUTICALS FROM FOREIGN COUNTRY |
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Sec. 490.001. APPLICABILITY. This chapter applies only to |
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a drug that is approved by the United States Food and Drug |
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Administration. |
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Sec. 490.002. DRUGS FROM ANOTHER COUNTRY. (a) A person, |
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including a pharmacist or physician, may obtain a drug from a |
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pharmacy or manufacturer located in a foreign country. |
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(b) A pharmacist, physician, or other medical professional |
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acting within the scope of the practitioner's license may dispense |
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or administer to a patient a drug described by Subsection (a). |
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Sec. 490.003. LIABILITY. (a) A person acting in good faith |
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under this chapter: |
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(1) is not criminally liable and is not subject to |
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professional disciplinary action; and |
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(2) is not civilly liable for damages. |
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(b) For purposes of this section, good faith does not |
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include wilful misconduct, gross negligence, or recklessness. |
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Sec. 490.004. RULES. The executive commissioner of the |
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Health and Human Services Commission, in consultation with the |
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Texas State Board of Pharmacy, shall adopt rules to implement this |
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chapter. |
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SECTION 2. The following provisions of the Occupations Code |
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are repealed: |
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(1) Section 554.016; |
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(2) Section 556.0555; |
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(3) Section 560.001(c); |
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(4) Section 560.0525; |
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(5) Section 562.101(f-1); |
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(6) Section 562.111; and |
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(7) Subchapter E, Chapter 562. |
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SECTION 3. This Act takes effect September 1, 2017. |