Bill Caption

Fiscal Notes

No significant fiscal implication to the State is anticipated.

DSHS indicates there would be a cost to operate the pilot program in a single municipality, some of which would be offset by the collection of handling fees as authorized by the bill. It is assumed that any remaining costs could be absorbed within available resources. 

No fiscal implication to units of local government is anticipated.

Bill Analysis

5/23/2015 update:

This bill has been substantively updated since we reported on it in its original chamber. The first and second chamber analyses are below. The second chamber sponsor is Representative Sheffield.

First chamber analysis below:

The legislation would amend the Health and Safety Code by adding Chapter 442 to establish a program for the donation and redistribution of unused prescription drugs. The Department of State Health Services (DSHS) would be required to establish and maintain an electronic database containing a list of participating providers. DSHS would be required to create a consent form for the donor and recipient of an unused prescription drug. A donor or participating provider who acts in good faith in donating, accepting, storing, labeling, distributing, or dispensing unused prescription drugs would not be held criminally or civilly liable. 

Second chamber analysis below:

The legislation would amend Chapter 431 of Health and Safety Code to require the Department of State Health Services (DSHS) to establish a pilot program for the donation and redistribution of unused prescription drugs in one or more municipalities with a population of more than 500,000 but less than one million. The bill would authorize DSHS to charge a nominal handling fee to defray costs incurred due to the implementation of the pilot program. A clinic or physician providing or administering the donated prescription drug would be allowed to charge a nominal handling fee in an amount prescribed by DSHS rule. DSHS would be required to establish and maintain an electronic database containing a list of the name and quantity of each donated drug. Donors and other individuals who act in good faith in donating, accepting, storing, labeling, distributing, or dispensing unused prescription drugs would not be held criminally or civilly liable.

DSHS would be required to conduct a study determining the feasibility of establishing a program under which DSHS accepts and distributes certain unused drugs to public hospitals. The bill would require DSHS to report the results of the pilot program and feasibility study to the legislature. 

Vote Recommendation Notes

5/23/2015 update:

Several changes have been made to this bill in House committee, but we still support SB 1243.

Current law requires unused prescription drugs to be disposed of. Establishing a pilot program for the donation of unused prescription drugs diminishes financial waste. We support SB 1243 because it empowers an individual, who may not be able to afford certain medication expenses, to utilize other means of obtaining the necessary treatment. This legislation promotes our individual liberty and limited government principles.