By:  Madla                                            S.B. No. 1524
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the refill of a prescription for a narrow therapeutic
 1-2     index drug.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 40 (m), Texas Pharmacy Act (Article
 1-5     4542a-1, Vernon's Texas Civil Statutes), is amended to read as
 1-6     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, unless otherwise agreed to by the
1-16     prescribing physician.  If a pharmacist does not have the same drug
1-17     product by the same manufacturer in stock to refill the
1-18     prescription, the pharmacist may dispense a drug product that is
1-19     generically equivalent if the pharmacist, before dispensing the
1-20     generically equivalent drug product, notifies:]
1-21                 (1)  For the purposes of this subsection, "narrow
1-22     therapeutic index drug" means a prescription drug:
 2-1                       (A)  that exhibits a therapeutic index ratio of
 2-2     less than a 2-fold difference in median lethal dose and median
 2-3     effective dose values, or has less than a 2-fold difference in the
 2-4     minimum toxic concentrations and minimum effective concentrations
 2-5     in the blood, and requires careful dosage titration and patient
 2-6     monitoring for the safe and effective use of the drug products; and
 2-7                       (B)  has been determined by the board, subject to
 2-8     the provisions of Subdivision (2) (A), to pose a health risk to a
 2-9     patient if interchanged with a generically equivalent drug product
2-10     from another manufacturer at the time of refill.
2-11                 (2)  As deemed appropriate, but not less than every two
2-12     years, the board, in consultation with the Texas State Board of
2-13     Medical Examiners, shall determine, under the administrative
2-14     procedure law, Chapter 2001, Government Code, if there are any
2-15     prescription drugs which meet the definition of a narrow
2-16     therapeutic drug in subdivision (1).
2-17                       (A)  The board shall make its determinations
2-18     relevant to this subdivision and subdivision (1) (B) based on
2-19     scientific evidence presented by:
2-20                             (i)  independent clinical studies;
2-21                             (ii)  peer-reviewed literature; or
2-22                             (iii)  any other reasonable method
2-23     demonstrating scientific evidence.
2-24                       (B)  To assist the board in making its
2-25     determination, the board may appoint an advisory committee
2-26     comprised of a cross-section of individuals possessing professional
 3-1     credentials in pharmacology, the practice of medicine, drug
 3-2     manufacture, or any other profession deemed appropriate to evaluate
 3-3     prescription drugs for the purposes of this subsection
 3-4                       (C)  Upon making its determination, the board
 3-5     shall:
 3-6                             (i)  adopt, by rule, list of the drugs
 3-7     determined to be narrow therapeutic index drugs as defined by this
 3-8     Section; or
 3-9                             (ii)  publish, in the Texas Register, a
3-10     statement:
3-11                                            a.  listing the drugs that
3-12     were evaluated for the purposes of this section; and
3-13                                            b.  specifying that no drug
3-14     evaluated was defined as a narrow therapeutic index drug under this
3-15     section.
3-16                       (D)  All meetings and deliberations by the board
3-17     or an advisory committee created under paragraph (B) concerning
3-18     this subsection shall be recorded and subject to the open meetings
3-19     law, Chapter 551, Government Code and the open records law, Chapter
3-20     552, Government Code.
3-21                 (3)  a prescription for a drug defined as a narrow
3-22     therapeutic index drug under this section may be refilled with a
3-23     generically equivalent drug from another manufacturer if:
3-24                       (A)  the prescribing physician has, in the manner
3-25     prescribed under subsection (h) of this Section, indicated on the
3-26     original prescription that product selection is permitted;
 4-1                       (B)  the patient, or a person acting on behalf of
 4-2     the patient, is notified, at the time the prescription is
 4-3     dispensed, that a substitution of the prescribed drug product has
 4-4     been made; and
 4-5                       (C)  the prescribing practitioner is notified of
 4-6     the drug product substitution by telephone, facsimile, or mail, at
 4-7     the earliest reasonable time, but not later than 72 hours after
 4-8     dispensing the prescription.
 4-9           SECTION 2.  The importance of this legislation and the
4-10     crowded condition of the calendars in both houses create an
4-11     emergency and an imperative public necessity that the
4-12     constitutional rule requiring bills to be read on three several
4-13     days in each house be suspended, and this rule is hereby suspended,
4-14     and that this Act take effect and be in force according to its
4-15     terms, and it is so enacted.