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