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 | |
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| 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. | ||
