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AN ACT
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relating to the distribution and redistribution of certain drugs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a) and (b), Section 562.1085, |
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Occupations Code, are amended to read as follows: |
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(a) A pharmacist who practices in or serves as a consultant |
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for a health care facility or a licensed health care professional |
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responsible for administration of drugs in a penal institution, as |
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defined by Section 1.07, Penal Code, in this state may return to a |
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pharmacy certain unused drugs, other than a controlled substance as |
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defined by Chapter 481, Health and Safety Code, purchased from the |
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pharmacy as provided by board rule. The unused drugs must: |
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(1) be approved by the federal Food and Drug |
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Administration and be: |
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(A) sealed in unopened tamper-evident packaging |
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and either individually packaged or packaged in unit-dose |
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packaging; |
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(B) oral or parenteral medication in sealed |
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single-dose containers approved by the federal Food and Drug |
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Administration; |
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(C) topical or inhalant drugs in sealed |
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units-of-use containers approved by the federal Food and Drug |
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Administration; or |
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(D) parenteral medications in sealed |
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multiple-dose containers approved by the federal Food and Drug |
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Administration from which doses have not been withdrawn; and |
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(2) not be the subject of a mandatory recall by a state |
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or federal agency or a voluntary recall by a drug seller or |
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manufacturer. |
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(b) A pharmacist for the pharmacy shall examine a drug |
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returned under this section to ensure the integrity of the drug |
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product. A health care facility or penal institution may not return |
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a drug that: |
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(1) has been compounded; |
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(2) appears on inspection to be adulterated; |
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(3) requires refrigeration; or |
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(4) has less than 120 days until the expiration date or |
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end of the shelf life. |
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SECTION 2. Section 431.321, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (d-1) to |
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read as follows: |
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(a) "Charitable medical clinic" means a clinic, including a |
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licensed pharmacy that is a community pharmaceutical access program |
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provider, that provides medical care or drugs without charge or for |
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a substantially reduced charge, complies with the insurance |
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requirements of Chapter 84, Civil Practice and Remedies Code, and |
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is exempt from federal income tax under Section 501(a) of the |
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Internal Revenue Code of 1986 by being listed as an exempt |
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organization in Section 501(c)(3) or 501(c)(4) of the code and is |
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operated exclusively for the promotion of social welfare by being |
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primarily engaged in promoting the common good and general welfare |
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of the people in a community. |
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(d-1) In this subchapter, "community pharmaceutical access |
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program" means a program offered by a licensed pharmacy under which |
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the pharmacy assists financially disadvantaged persons to access |
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prescription drugs at no charge or at a substantially reduced |
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charge. |
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SECTION 3. 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, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1896 passed the Senate on |
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May 1, 2007, by the following vote: Yeas 31, Nays 0; |
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May 17, 2007, Senate refused to concur in House amendment and |
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requested appointment of Conference Committee; May 21, 2007, House |
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granted request of the Senate; May 25, 2007, Senate adopted |
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Conference Committee Report by the following vote: Yeas 30, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1896 passed the House, with |
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amendment, on May 10, 2007, by the following vote: Yeas 131, |
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Nays 0, one present not voting; May 21, 2007, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 25, 2007, House adopted Conference Committee Report by the |
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following vote: Yeas 141, Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |