HBA-TBM H.B. 2729 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2729 By: Gray Public Health 7/3/2001 Enrolled BACKGROUND AND PURPOSE Prescription drugs are disposed of for a variety of reasons every day. If the remaining dosage of medication is sealed in blister packs or other packaging that are tamper-resistant, the drugs can be recycled and given to others in need. House Bill 2729 authorizes the donation and redistribution of prescription medication through charitable medical clinics. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Department of Health in SECTION 1 (Sections 431.323 and 431.324, Health and Safety Code) of this bill. ANALYSIS House Bill 2729 amends the Health and Safety Code to authorize a charitable drug donor (donor) to donate certain unused prescription drugs (drugs) to a charitable medical clinic (clinic) and a clinic to accept, dispense, or administer the donated drugs. The bill prohibits a seller or manufacturer of a drug from donating drugs to a charitable medical clinic except pursuant to a qualified patient assistance program. The bill requires the donor to use appropriate safeguards established by the Texas Board of Health to ensure that the drugs are not compromised or illegally diverted while being stored or transported to the clinic (Sec. 431.322). The bill sets forth the circumstances under which a clinic is authorized to or prohibited from accepting and distributing donated drugs (Secs. 431.322 and 431.323). The bill requires the Texas Department of Health to adopt rules to implement the drug donation program that are designed to protect the public health and safety (Sec. 431.324). The bill sets forth provisions limiting the liability of donors, clinics, and their employees (Sec. 431.325). EFFECTIVE DATE The provision requiring the Texas Department of Health to adopt rules takes effect September 1, 2001. The rules and all other provisions of this Act take effect January 1, 2002.