HB 4441

relating to the administration of topical ophthalmic medications at
certain health care facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  This Act may be cited as the Topical Ophthalmic
Medication Waste Reduction Act.
SECTION 2.  Subtitle A, Title 6, Health and Safety Code, is
amended by adding Chapter 446 to read as follows:
CHAPTER 446.  ADMINISTRATION OF TOPICAL OPHTHALMIC MEDICATION AT
Sec. 446.001.  DEFINITIONS.  In this chapter:
(1)  "Health care facility" means:
(A)  a hospital licensed under Chapter 241; or
(B)  an ambulatory surgical center licensed under
(2)  "Topical ophthalmic medication" means a
prescription drug for ophthalmic use in drop or ointment form,
including antibiotic, anti-inflammation, dilation, or glaucoma
Sec. 446.002.  RELEASE OF UNUSED MEDICATION.  (a)  A health
care facility shall offer to a patient on discharge from the
facility following a surgical procedure performed on the patient
any unused portion of a topical ophthalmic medication administered
(1)  a health care professional at the facility ordered
the medication for the patient not more than 24 hours before the
(2)  the patient's treating physician prescribes the
medication to the patient for continuing treatment.
(b)  A health care facility that provides to a patient a
topical ophthalmic medication under Subsection (a) shall ensure the
patient is counseled on the medication's proper use and
Sec. 446.003.  REUSE OF UNUSED MEDICATION.  A health care
facility that provides to a patient an unlabeled topical ophthalmic
medication held by the facility on reserve or obtained by the
facility from a prescription drug dispensing system may provide the
unused portion of the medication to other patients receiving
treatment at the facility for a period not to exceed 24 hours after
the medication's initial provision.
SECTION 3.  This Act takes effect September 1, 2025.