Bill Text: TX HB4331 | 2023-2024 | 88th Legislature | Enrolled


Bill Title: Relating to the donors of certain unused prescription drugs.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB4331 Detail]

Download: Texas-2023-HB4331-Enrolled.html
 
 
  H.B. No. 4331
 
 
 
 
AN ACT
  relating to the donors of certain unused prescription drugs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 442.001(1), Health and Safety Code, is
  amended to read as follows:
               (1)  "Donor" means an individual, a prescription drug
  manufacturer, or a health care facility, including a pharmacy, that
  [who] donates unused prescription drugs under this chapter to a
  participating provider.
         SECTION 2.  Section 442.056, Health and Safety Code, is
  amended to read as follows:
         Sec. 442.056.  RECIPIENT FORM.  Before accepting a donated
  prescription drug under this chapter, a recipient shall sign a form
  prescribed by the department stating that:
               (1)  the recipient acknowledges that if the donor is an
  individual, prescription drug manufacturer, or health care
  facility other than a pharmacy, the donor is not a pharmacist and
  the donor took ordinary care of the prescription drug;
               (2)  the recipient acknowledges that the donor is known
  to the participating provider and that there is no reason to believe
  that the prescription drug was improperly handled or stored;
               (3)  by accepting the prescription drug, the recipient
  accepts any risk that an accidental mishandling could create; and
               (4)  the recipient releases the donor, participating
  provider, and manufacturer of the drug from liability related to
  the prescription drug.
         SECTION 3.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4331 was passed by the House on April
  28, 2023, by the following vote:  Yeas 140, Nays 4, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4331 was passed by the Senate on May
  17, 2023, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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