HBA-TBM H.B. 2729 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2729 By: Gray Public Health 4/30/2001 Committee Report (Amended) 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 could 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 convalescent or nursing home or related institution, hospice, hospital, physician, pharmacy, or individual to donate certain unused prescription drugs (drugs) to a charitable medical clinic (clinic) and a clinic to accept and dispense or administer the donated drugs. The bill requires the donor to use appropriate safeguards 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). A person or clinic may be held civilly liable in connection with donating, accepting, dispensing, or administering drugs only for an act or omission that is wilfully or wantonly negligent, done with conscious indifference or reckless disregard for the safety or others, or done with the intent to harm another (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. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 stipulates that it is a licensed convalescent or nursing home or hospice that is authorized to donate unused prescription drugs to a charitable medical clinic. The amendment also requires the donor to use safeguards established by the Texas Board of Health to ensure that the drugs are not compromised or illegally diverted while being stored or transported.