HBA-JRA S.B. 511 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 511
By: Madla
Public Health
4/30/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, Texas pharmacists are required to type or pre-print their labels
with the words, "Caution: federal law prohibits dispensing without a
prescription."  The Food and Drug Administration (FDA) requires drug
manufacturers to print "Caution:  federal law prohibits dispensing without
a prescription" on prescription labels for dangerous drugs.  Recently, the
FDA has allowed manufacturers to alter the labeling requirement by printing
"Rx only."  S.B. 511 redefines the term "dangerous drug" to include a drug
or device that bears or is required to bear the legend:    "Caution:
federal law prohibits dispensing without a prescription" or, at a minimum,
"Rx only." 

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 Subdivision (15), Article 4542a-1, V.T.C.S., to redefine
"dangerous drug" to include a drug or device that bears or is required to
bear the legend:    "Caution:  federal law prohibits dispensing without a
prescription" or, at a minimum, "Rx only." 

SECTION 2.  Amends Subdivision (2), Section 483.001, Human Resources Code,
to redefine "dangerous drug" to include a drug or device that bears or is
required to bear the legend:    "Caution: federal law prohibits dispensing
without a prescription" or, at a minimum, "Rx only." 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.