Bill Text: TX HB2936 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to a pilot program for donation and redistribution of certain unused prescription medications; authorizing a fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-16 - Referred to Public Health [HB2936 Detail]
Download: Texas-2015-HB2936-Introduced.html
84R11416 JSC-D | ||
By: Sheffield | H.B. No. 2936 |
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relating to a pilot program for donation and redistribution of | ||
certain unused prescription medications; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 431, Health and Safety Code, is amended | ||
by adding Subchapter O to read as follows: | ||
SUBCHAPTER O. PRESCRIPTION DRUG DONATION PILOT PROGRAM | ||
Sec. 431.451. DEFINITIONS. In this subchapter: | ||
(1) "Board" means the Texas State Board of Pharmacy. | ||
(2) "Charitable medical clinic" has the meaning | ||
assigned by Section 431.321. | ||
(3) "Health center" means a federally qualified health | ||
center under 42 U.S.C. Section 1396d(l)(2)(B). | ||
(4) "Nursing home" means a facility licensed under | ||
Chapter 242. | ||
(5) "Pilot program" means the prescription drug | ||
donation pilot program under this subchapter. | ||
(6) "Prescription drug" has the meaning assigned by | ||
Section 551.003, Occupations Code. | ||
Sec. 431.452. ESTABLISHMENT OF PILOT PROGRAM. (a) The | ||
board shall establish a pilot program for donation and | ||
redistribution of prescription drugs under this subchapter. | ||
(b) The board shall conduct the pilot program in Coryell, | ||
McLennan, and Bell Counties. | ||
Sec. 431.453. DONATION OF PRESCRIPTION DRUGS. (a) Only a | ||
nursing home may donate prescription drugs under this subchapter. | ||
(b) The donated drugs must be oral prescription drugs | ||
approved by the federal Food and Drug Administration that are | ||
sealed in the manufacturer's unopened original tamper-evident | ||
packaging and either individually packaged or packaged in unit-dose | ||
packaging. | ||
(c) Donated drugs may not: | ||
(1) be subject to a mandatory recall by a state or | ||
federal agency or a voluntary recall by a drug seller or | ||
manufacturer; | ||
(2) be a controlled substance under Chapter 481; | ||
(3) require refrigeration; or | ||
(4) expire less than 60 days after the date of | ||
donation. | ||
Sec. 431.454. ACCEPTING DONATIONS. (a) A health center may | ||
accept a drug donated under this subchapter. | ||
(b) A health center may dispense or administer the drugs to | ||
the health center's patients or distribute the drugs to another | ||
health center or a charitable medical clinic. | ||
(c) Before the health center may dispense, administer, or | ||
distribute the drugs, a licensed pharmacist must determine that the | ||
drugs are of acceptable integrity. | ||
Sec. 431.455. DISPENSING OR ADMINISTERING DONATED DRUGS. | ||
(a) Donated drugs may be dispensed or administered by a health | ||
center or a charitable medical clinic. | ||
(b) A prescription drug dispensed or administered to a | ||
patient under the pilot program must be prescribed by a physician | ||
for use by that patient. | ||
Sec. 431.456. FEES. A health center or charitable medical | ||
clinic may charge only a nominal handling fee for distributing, | ||
dispensing, or administering a drug under the pilot program. | ||
Sec. 431.457. RESALE PROHIBITED. A health center or | ||
charitable medical clinic may not resell donated drugs. | ||
Sec. 431.458. DATABASE OF DONATED DRUGS. The board shall | ||
establish and maintain an electronic database in which: | ||
(1) each health center shall list the name and | ||
quantity of each drug donated to the health center under the pilot | ||
program that has been verified by a pharmacist; and | ||
(2) a health center or charitable medical clinic may | ||
search for and request donated drugs from a health center that | ||
possesses those drugs. | ||
Sec. 431.459. RULES. The board shall adopt rules for | ||
implementation of this subchapter. | ||
Sec. 431.460. LIMITATION ON LIABILITY. A participant in | ||
the pilot program is not civilly or criminally liable or subject to | ||
disciplinary action for harm caused by distributing, accepting, | ||
dispensing, or administering drugs under the pilot program unless | ||
the harm is caused by wilful or wanton acts of negligence, conscious | ||
indifference to or reckless disregard for the safety of others, or | ||
intentional conduct. | ||
Sec. 431.461. REPORTS TO LEGISLATURE. Not later than | ||
January 1 of each odd-numbered year, the board shall report to the | ||
legislature on the results of the pilot program. The report must | ||
include: | ||
(1) the program's efficacy in expanding access to | ||
prescription medications; | ||
(2) an evaluation of the program's database and system | ||
of distribution; | ||
(3) any health and safety issues posed by accepting | ||
and dispensing donated drugs; | ||
(4) recommendations on improvements to the program; | ||
and | ||
(5) an evaluation of potential expansion of the | ||
program. | ||
Sec. 431.462. EXPIRATION. This subchapter expires | ||
September 1, 2019. | ||
SECTION 2. (a) The Texas State Board of Pharmacy shall adopt | ||
any necessary rules and establish the database required by | ||
Subchapter O, Chapter 431, Health and Safety Code, as added by this | ||
Act, not later than December 1, 2015. | ||
(b) A nursing home, federally qualified health center, or | ||
charitable medical clinic may donate, distribute, accept, | ||
administer, or dispense a prescription drug under the pilot program | ||
under Subchapter O, Chapter 431, Health and Safety Code, as added by | ||
this Act, on or after January 1, 2016. | ||
SECTION 3. This Act takes effect September 1, 2015. |