Bill Text: TX HB3836 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to importing pharmaceuticals from a foreign country.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-03-30 - Referred to Public Health [HB3836 Detail]

Download: Texas-2017-HB3836-Introduced.html

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85R6544 JSC-D
By: Burrows H.B. No. 3836

A BILL TO BE ENTITLED
AN ACT
relating to importing pharmaceuticals from a foreign country.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 6, Health and Safety Code, is
amended by adding Chapter 490 to read as follows:
CHAPTER 490. IMPORTING PHARMACEUTICALS FROM FOREIGN COUNTRY
Sec. 490.001. APPLICABILITY. This chapter applies only to
a drug that is approved by the United States Food and Drug
Administration.
Sec. 490.002. DRUGS FROM ANOTHER COUNTRY. (a) A person,
including a pharmacist or physician, may obtain a drug from a
pharmacy or manufacturer located in a foreign country.
(b) A pharmacist, physician, or other medical professional
acting within the scope of the practitioner's license may dispense
or administer to a patient a drug described by Subsection (a).
Sec. 490.003. LIABILITY. (a) A person acting in good faith
under this chapter:
(1) is not criminally liable and is not subject to
professional disciplinary action; and
(2) is not civilly liable for damages.
(b) For purposes of this section, good faith does not
include wilful misconduct, gross negligence, or recklessness.
Sec. 490.004. RULES. The executive commissioner of the
Health and Human Services Commission, in consultation with the
Texas State Board of Pharmacy, shall adopt rules to implement this
chapter.
SECTION 2. The following provisions of the Occupations Code
are repealed:
(1) Section 554.016;
(2) Section 556.0555;
(3) Section 560.001(c);
(4) Section 560.0525;
(5) Section 562.101(f-1);
(6) Section 562.111; and
(7) Subchapter E, Chapter 562.
SECTION 3. This Act takes effect September 1, 2017.