HBA-MPM H.B. 2527 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2527 By: Van de Putte Public Health 4/1/1999 Introduced BACKGROUND AND PURPOSE Current law allows a nursing home or intermediate care facility for the mentally retarded (facilities) to maintain a supply of controlled substances in the facility for the emergency needs of patients or residents, however, a pharmacy ensures that this "emergency kit" is appropriately stocked with the drugs the pharmacists anticipates may be needed. H.B. 2527 allows a pharmacy to maintain both controlled substances and dangerous drugs at the facility and clarifies the pharmacy's responsibility to maintain these drugs in compliance with the Texas Pharmacy Act. Furthermore, this bill requires the Texas Board of Pharmacy to adopt rules governing the amounts and types of drugs needed to meet patients' or residents' needs at the facilities. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas State Board of Pharmacy (board) in SECTION 3 (Section 17, Texas Pharmacy Act). SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 242.615, Health and Safety Code, as follows: Sec. 242.615. New title: MAINTENANCE OF DANGEROUS DRUGS AND CONTROLLED SUBSTANCES. (a) Defines the terms "controlled substance" and "dangerous drug" with the meanings assigned to them in Section 5, Article 4542a-1, V.T.C.S. (Texas Pharmacy Act). (b) Redesignated from existing Subsection (a). Authorizes, rather than entitles, an institution licensed under this chapter to maintain a supply of dangerous drugs, in addition to controlled substances, for a resident's therapeutic, rather than emergency medication, needs. Deletes text stipulating that said substances are contained within an emergency medical kit, and specifies that they must be contained only in a pharmacy licensed under Article 4542a-1, V.T.C.S. (Texas Pharmacy Act) and only in compliance with that law. Deletes existing text requiring the substances to be labeled in accordance with all applicable state and federal food and drug laws, including Chapter 481 (Texas Controlled Substances Act), Health and Safety Code. (c) Redesignated from existing Subsection (d). Deletes existing text requiring the Texas Board of Human Services (board) to adopt rules governing the amount, type, and procedure for use of the controlled substances in the emergency medication kit, and the provision that storage of the substances in the kit is under the supervision of the consultant pharmacist. Makes conforming changes. SECTION 2. Amends Section 252.153, Health and Safety Code, as follows: Sec. 252.153. New title: MAINTENANCE OF DANGEROUS DRUGS AND CONTROLLED SUBSTANCES. (a) Makes a conforming change. (b) Redesignated from Subsection (a). Makes conforming changes. (c) Redesignated from existing Subsection (d). Makes conforming changes. SECTION 3. Amends Section 17, Article 4542a-1, V.T.C.S. (Texas Pharmacy Act), by adding Subsection (bb), as follows: (bb) Requires the board to adopt rules governing the amount and type of dangerous drugs and controlled substances that may be maintained at a pharmacy for an institution regulated under Chapter 242 (Convalescent and Nursing Homes and Related Institutions), Health and Safety Code, or for a facility regulated under Chapter 252 (Intermediate Care Facilities for the Mentally Retarded), Health and Safety Code, to meet the needs of residents at the institution or facility. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause.