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.