Bill Text: TX HB89 | 2011-2012 | 82nd Legislature | Introduced


Bill Title: Relating to a drug donation program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-03-09 - No action taken in committee [HB89 Detail]

Download: Texas-2011-HB89-Introduced.html
 
 
  By: Cook H.B. No. 89
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a drug donation program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 6, Health and Safety Code, is
  amended by adding Chapter 442 to read as follows:
  CHAPTER 442. DRUG DONATION PROGRAM
         Sec. 442.001.  DEFINITIONS. In this chapter:
               (1)  "Commission" means the Health and Human Services
  Commission.
               (2)  "Department" means the Department of State Health
  Services.
               (3)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
               (4)  "Program" means the drug donation program.
         Sec. 442.002.  DRUG DONATION PROGRAM. The department shall
  establish and maintain a drug donation program through which a
  person may donate to a participating pharmacy or health care
  facility an eligible drug for use by an individual who meets the
  eligibility requirements under Section 442.008.
         Sec. 442.003.  DONATION. The following persons may donate
  drugs at a pharmacy or health care facility that participates in the
  program:
               (1)  an individual who is at least 18 years of age; or
               (2)  a pharmacy or health care facility or a
  manufacturer or distributor of an eligible drug.
         Sec. 442.004.  DRUGS ELIGIBLE FOR PROGRAM. The Texas State
  Board of Pharmacy and the Texas Medical Board shall adopt rules
  regarding drugs that are eligible for the program, including rules
  regarding:
               (1)  the inclusion of drugs used for the treatment of
  cancer;
               (2)  the inclusion of non-cancer-related drugs that
  cost more than $50;
               (3)  the prohibition of a controlled substance from
  eligibility; and
               (4)  a list of eligible drugs.
         Sec. 442.005.  DISTRIBUTION OF DONATED DRUGS. A pharmacy or
  health care facility that receives a donated drug through the
  program may distribute the drug to an eligible pharmacy or health
  care facility for use under the program.
         Sec. 442.006.  DISPENSATION OF DONATED DRUGS. (a) A
  pharmacy or health care facility may accept and dispense a drug
  through the program only if each of the following conditions is met:
               (1)  the drug must be in the drug's original, unopened,
  sealed, and tamper-evident unit dose packaging and include the
  drug's lot number and expiration date, or if packaged in single unit
  doses, the single unit dose packaging must be unopened;
               (2)  the drug must have an expiration date later than
  120 days after the date the drug was donated;
               (3)  the drug must be unadulterated and correctly
  branded;
               (4)  the drug must be accompanied by the signed donor
  form under Section 442.009; and
               (5)  the drug must be inspected by a pharmacist to
  ensure compliance with Subdivisions (1)-(4) before the pharmacist
  may dispense the drug.
         (b)  A drug dispensed through the program must be prescribed
  by a medical practitioner for use by an eligible individual and
  dispensed by a pharmacist.
         (c)  A pharmacy or health care facility that dispenses a drug
  through the program may charge an individual who receives the drug a
  fee not to exceed the amount specified by executive commissioner
  rule.
         (d)  A drug dispensed through the program may not be resold.
         Sec. 442.007.  RULES. The executive commissioner shall
  adopt rules regarding the following:
               (1)  procedures regarding the storage of donated drugs,
  including environmental conditions, separation of donated drugs
  from non-donated drugs, and security; and
               (2)  recordkeeping of donor and recipient forms
  required under Section 442.009.
         Sec. 442.008.  ELIGIBILITY REQUIREMENTS. (a) A person is
  eligible to receive drugs through the program if the person is:
               (1)  uninsured, underinsured, or a recipient of
  benefits through the medical assistance program under Chapter 32,
  Human Resources Code, or Medicare; or
               (2)  a resident of this state who has been diagnosed
  with cancer.
         (b)  The department shall prioritize dispensation to
  individuals who are uninsured or indigent and shall permit
  dispensation to other eligible individuals if an uninsured or
  indigent individual is unavailable.
         Sec. 442.009.  DONOR FORM. (a) The department shall develop
  forms for individuals who donate drugs to the program and for
  recipients of drugs through the program.
         (b)  A person who donates a drug shall sign the donor form.
         (c)  A recipient of drugs through the program shall sign a
  form that indicates the donated drug may have been previously
  dispensed.
         Sec. 442.010.  REGISTRY FOR ELIGIBLE RECIPIENTS. The
  department shall establish a voluntary registry for individuals who
  are eligible to receive drugs through the program.
         Sec. 442.011.  REGISTRY OF PARTICIPATING PHARMACIES. The
  department shall establish on the department's website a voluntary
  registry for pharmacies and health care facilities participating in
  the program.
         Sec. 442.012.  LIMITATION ON LIABILITY. (a) A pharmacy,
  health care facility, physician, or pharmacist that participates in
  the program under this chapter is not liable for harm caused by the
  accepting, dispensing, or administering of drugs donated and
  dispensed in substantial compliance with this chapter unless the
  harm is caused by:
               (1)  wilful or wanton acts of negligence;
               (2)  conscious indifference or reckless disregard for
  the safety of others; or
               (3)  intentional conduct.
         (b)  This section does not limit, or in any way affect or
  diminish, the liability of a drug seller or manufacturer under
  Chapter 82, Civil Practice and Remedies Code.
         (c)  This section does not apply if harm results from the
  failure to fully and completely comply with the requirements of
  Section 442.006 or rules adopted under this chapter.
         (d)  This section does not apply to a pharmacy, health care
  facility, pharmacist, physician, or manufacturer that fails to
  comply with the insurance provisions of Chapter 84, Civil Practice
  and Remedies Code.
         (e)  Nothing in this chapter requires a pharmacy,
  pharmacist, or medical practitioner to participate in the program.
  Nothing in this chapter requires a person to donate drugs to the
  program.
         Sec. 442.013.  OTHER LAW. The drug donation program
  established under this chapter is in addition to the method for
  redistribution of unused drugs established by Section 562.1085,
  Occupations Code, and the drug donation program established under
  Subchapter M, Chapter 431.
         SECTION 2.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 3.  This Act takes effect September 1, 2011.
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