SRC-MKV S.B. 332 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 332
77R2825 JMM-DBy: Moncrief
Health & Human Services
1/30/2001
As Filed


DIGEST AND PURPOSE 

Currently the Texas Medical Practice act prohibits physicians from giving
patients free medications under the Indigent Patient Program because of a
definitional limitation.  This bill corrects the definitional limitation,
allowing physicians to give their indigent patients a full course of
medication supplied by the pharmaceutical company without risk of
infringing on pharmacists' dispensing authority. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 158.002 (a), Occupations Code, to provide that
this chapter does not prohibit a physician from supplying a pharmaceutical
sample to a patient free of charge, including pharmaceutical samples
provided by drug manufacturers for indigent pharmaceutical programs, if, in
the physician's opinion, it is advantageous to the patient, in adhering to
a course of treatment prescribed by the physician, to receive the sample. 

SECTION 2.  Effective date: upon passage or September 1, 2001.