H.B. No. 4331

	AN ACT
	relating to the donors of certain unused prescription drugs.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 442.001(1), Health and Safety Code, is
	amended to read as follows:
	(1)  "Donor" means an individual, a prescription drug
	manufacturer, or a health care facility, including a pharmacy, that
	[who] donates unused prescription drugs under this chapter to a
	participating provider.
	SECTION 2.  Section 442.056, Health and Safety Code, is
	amended to read as follows:
	Sec. 442.056.  RECIPIENT FORM.  Before accepting a donated
	prescription drug under this chapter, a recipient shall sign a form
	prescribed by the department stating that:
	(1)  the recipient acknowledges that if the donor is an
	individual, prescription drug manufacturer, or health care
	facility other than a pharmacy, the donor is not a pharmacist and
	the donor took ordinary care of the prescription drug;
	(2)  the recipient acknowledges that the donor is known
	to the participating provider and that there is no reason to believe
	that the prescription drug was improperly handled or stored;
	(3)  by accepting the prescription drug, the recipient
	accepts any risk that an accidental mishandling could create; and
	(4)  the recipient releases the donor, participating
	provider, and manufacturer of the drug from liability related to
	the prescription drug.
	SECTION 3.  This Act takes effect September 1, 2023.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 4331 was passed by the House on April
	28, 2023, by the following vote:  Yeas 140, Nays 4, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 4331 was passed by the Senate on May
	17, 2023, by the following vote:  Yeas 30, Nays 1.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor