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  S.B. No. 1127
 
 
 
 
AN ACT
  relating to the confidentiality of test results of samples of
  compounded products.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 556.053, Occupations Code, is amended to
  read as follows:
         Sec. 556.053.  EXTENT OF INSPECTION; CONFIDENTIALITY.  
  (a)  Except as otherwise provided in an inspection warrant, the
  person authorized to represent the board may:
               (1)  inspect and copy documents, including records or
  reports, required to be kept or made under this subtitle, Chapter
  481 or 483, Health and Safety Code, or the Comprehensive Drug Abuse
  Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.)
  or rules adopted under one of those laws;
               (2)  inspect, within reasonable limits and in a
  reasonable manner, a facility's storage, equipment, security,
  prescription drugs or devices, components used in compounding,
  finished and unfinished products, or records; or
               (3)  perform an inventory of any stock of prescription
  drugs or devices, components used in compounding, or finished and
  unfinished products in a facility and obtain samples of those
  substances.
         (b)  Reports, records, formulas, and test results of samples
  of products compounded by pharmacies obtained by the board may be
  provided to the pharmacy that compounded the product but otherwise
  are confidential and do not constitute public information for
  purposes of Chapter 552, Government Code.  The board may create,
  use, or disclose statistical information from the test results of
  samples of compounded products.
         (c)  The board may disclose information confidential under
  Subsection (b):
               (1)  in a disciplinary hearing before the board or in a
  subsequent trial or appeal of a board action or order;
               (2)  to a pharmacist licensing or disciplinary
  authority of another jurisdiction; or
               (3)  under a court order.
         (d)  The board shall require a pharmacy to recall a
  compounded product and may release the results of the tests of the
  samples of the compounded product if the board determines that:
               (1)  the test results indicate a patient safety problem
  that may involve potential harm to a patient; and
               (2)  the release of the test results is necessary to
  protect the public.
         (e)  The board shall release the test results described by
  Subsection (d) if a pharmacy is unable to or does not recall the
  compounded product within 48 hours after the board's request under
  that subsection.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1127 passed the Senate on
  April 20, 2009, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1127 passed the House on
  May 27, 2009, by the following vote:  Yeas 148, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor