SRC-DBM S.B. 1524 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1524
By: Madla
Health Services
4/18/1999
As Filed


DIGEST 

Currently,  pharmacists may refill narrow therapeutic index (NTI) drugs
only by using the same drug product by the same manufacturer for which the
medication was last dispensed; if the same drug is not in stock, the
pharmacist may dispense a generic version, if the pharmacist notifies the
patient and the prescribing physician by phone, fax, or mail.  The Food and
Drug Administration specifies NTI drugs as a small group of drugs in which
the difference between a beneficial therapeutic amount and potentially
dangerous amount of medication is very small.  S.B. 1524 would set forth
provisions for the refilling of a prescription for a narrow therapeutic
index drug.  

PURPOSE

As proposed, S.B. 1524 sets forth provisions for the refilling of a
prescription for a narrow therapeutic index drug.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Pharmacy in SECTION 1
(Section 40(m) (2)(c), Article 4542a-1, V.T.C.S. (Texas Pharmacy Act)) of
this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 40(m), Article 4542a-1, V.T.C.S. (Texas Pharmacy
Act), to define "narrow therapeutic index drug."  Requires the Texas State
Board of Pharmacy (board), in consultation with the Texas State Board of
Medical Examiners, to determine, under the administrative procedure law,
Chapter 2001, Government Code, if there are any prescription drugs which
meet the definition of a narrow therapeutic drug in Subdivision (1).
Requires the board to make its determinations relevant to this subdivision
and Subdivision (1) (B) based on specific evidence presented by certain
scientific evidence.  Authorizes the board to assist the board in making
its determination, to appoint an advisory committee comprised of a
cross-section of individuals possessing professional credentials in
pharmacology, the practice of medicine, drug manufacture, or any other
profession deemed appropriate to evaluate prescription drugs for the
purposes of this subsection.  Requires the board, upon making its
determination, to adopt, by rule, a list of the drugs determined to be
narrow therapeutic index drugs, or publish, in the Texas Register a certain
statement.  Requires all meetings and deliberations by the board or an
advisory committee created under Paragraph (B) concerning this subsection
to be recorded subject to the open meetings law, Chapter 551, Government
Code, and the open records law, Chapter 552, Government Code.  Authorizes a
prescription drug to be refilled with a generically equivalent drug from
another manufacturer under certain conditions.  Deletes text requiring the
board, in consultation with the Texas State Board of Medical Examiners, to
establish, by rule, a list of narrow therapeutic index drugs; authorize a
prescription for a narrow therapeutic index drug to be refilled; and
authorize a pharmacist to dispense a drug product under certain
circumstances. 

SECTION 2.Emergency clause.
  Effective date: upon passage.