By Berlanga H.B. No. 2571 75R12657 CAG-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the substitution of certain drugs by a pharmacist. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 40, Texas Pharmacy Act (Article 4542a-1, 1-5 Vernon's Texas Civil Statutes), is amended by adding Subsection (m) 1-6 to read as follows: 1-7 (m) Except as provided by this subsection, drug product 1-8 selection authorized in this section does not apply to the refill 1-9 of a prescription for a narrow therapeutic index drug. The board, 1-10 in consultation with the Texas State Board of Medical Examiners, 1-11 shall establish, by rule, a list of narrow therapeutic index drugs 1-12 that are subject to this subsection. A prescription for a narrow 1-13 therapeutic index drug may be refilled only by using the same drug 1-14 product by the same manufacturer that the pharmacist last dispensed 1-15 under the prescription. If a pharmacist does not have the same 1-16 drug product by the same manufacturer in stock to refill the 1-17 prescription, the pharmacist may dispense a drug product that is 1-18 generically equivalent if the pharmacist, before dispensing the 1-19 generically equivalent drug product, notifies: 1-20 (1) the patient, at the time the prescription is 1-21 dispensed, that a substitution of the prescribed drug product has 1-22 been made; and 1-23 (2) the prescribing practitioner of the drug product 1-24 substitution by telephone, facsimile, or mail, at the earliest 2-1 reasonable time, but not later than 72 hours after dispensing the 2-2 prescription. 2-3 SECTION 2. This Act takes effect September 1, 1997. 2-4 SECTION 3. The importance of this legislation and the 2-5 crowded condition of the calendars in both houses create an 2-6 emergency and an imperative public necessity that the 2-7 constitutional rule requiring bills to be read on three several 2-8 days in each house be suspended, and this rule is hereby suspended.