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


Senate Research CenterC.S.S.B. 332
77R4776 JMM-DBy: Moncrief
Health & Human Services
2/1/2001
Committee Report (Substituted)


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 158.001, Occupations Code, by adding Subsection
(c), as follows: 

(c) Provides that this chapter does not prohibit a physician from supplying
to a patient, free of charge, a drug provided to the physician by a drug
manufacturer for an indigent pharmaceutical program 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 drug. 

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

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Differs from the original by amending Section 158.001,
Occupations Code, whereas the original amended Section 158.002 (a),
Occupations Code., while the wording remains substantially the same.