HBA-MPM H.B. 3652 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3652 By: Oliveira Public Health 4/6/1999 Introduced BACKGROUND AND PURPOSE Currently, nursing homes in Texas destroy thousands of dollars of unused Medicare and Medicaid prescriptions. These drugs accumulate because of a resident's death or if the physician discontinues the use of a particular drug. Under current law, unused drugs may not be used for Texas residents and are prohibited under federal law from being exported for humanitarian purposes. H.B. 3652 ceases the destruction of unused Medicare and Medicaid drugs in order to allow their shipment to local public health clinics. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 439.021, Health and Safety Code, as follows: Sec. 439.021. New title: SHIPMENT TO LOCAL PUBLIC HEALTH CLINICS OR FOREIGN COUNTRIES. (a) Requires a consulting pharmacist (pharmacist) of a nursing home, unless prohibited by federal law, to select from a supply of drugs due for destruction all drugs purchased for a Medicaid or Medicare recipient to be used for shipment to a public health clinic conducted by a local health unit, health department, public health district organized and recognized under Chapter 121 (Local Public Health Reorganization Act), Health and Safety Code, or a hospital district. Requires the pharmacist to select the drugs to be used under this subsection and seal them in a box for shipment quarterly. Authorizes the pharmacist to remove drugs selected for shipment before the drugs are destroyed, if the pharmacist believes the drug is unsafe. (b) Redesignated from existing Subsection (a). Makes conforming changes. (c) Redesignated from existing Subsection (b). Deletes existing Subsection (c). (d) Makes no change. (e) Makes Subsection (b), rather than this subchapter, inapplicable if the unused drug is a controlled substance defined by Chapter 481 (Texas Controlled Substances Act), Health and Safety Code. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.