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A BILL TO BE ENTITLED
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AN ACT
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relating to the dispensing of certain drugs by physicians. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 157.002(f), Occupations Code, is amended |
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to read as follows: |
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(f) Subsections (b) and (c) do not authorize a physician or |
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a person acting under the supervision of a physician to keep a |
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pharmacy, advertised or otherwise, for the retail sale of dangerous |
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drugs, other than as authorized under Section 158.001(b) [158.003], |
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without complying with the applicable laws relating to the |
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dangerous drugs. |
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SECTION 2. Section 158.001, Occupations Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (a-1) to |
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read as follows: |
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(a) In this section, "dangerous drug" has the meaning |
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assigned by Section 483.001, Health and Safety Code. |
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(a-1) A physician licensed under this subtitle may supply a |
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patient with any drug, remedy, or clinical supply necessary to meet |
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the patient's immediate needs. |
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(b) A physician may dispense dangerous drugs to the |
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physician's patients and charge the patients for the drugs [This |
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section does not permit a physician to operate a retail pharmacy] |
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without complying with Chapter 558. |
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SECTION 3. Section 551.004(b), Occupations Code, is amended |
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to read as follows: |
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(b) This subtitle does not prevent a practitioner from: |
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(1) administering a drug to a patient of the |
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practitioner; or |
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(2) supplying dangerous drugs to a patient as provided |
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by Section 158.001(b). |
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SECTION 4. Section 563.051(d), Occupations Code, is amended |
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to read as follows: |
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(d) This section does not authorize a physician or a person |
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acting under the supervision of a physician to keep a pharmacy, |
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advertised or otherwise, for the retail sale of dangerous drugs, |
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other than as authorized under Section 158.001(b) [158.003], |
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without complying with the applicable laws relating to the |
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dangerous drugs. |
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SECTION 5. The following provisions of the Occupations Code |
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are repealed: |
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(1) Section 158.003; and |
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(2) Section 563.053. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |