SRC-VRA S.B. 803 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 803
78R6260 YDB-DBy: Janek
Health & Human Services
3/16/2003
As Filed


DIGEST AND PURPOSE 

Currently, Texas law allows advertising and marketing by compounding
pharmacists to promote the provision of nonsterile prescription
compounding services.  Previous advertising restrictions on compounding
pharmacists were enacted in accordance with the Food and Drug
Administration Modernization Act (FDAMA) which exempts compounded drugs
from the FDA's standard drug approval requirements under the Federal Food,
Drug, and Cosmetic Act (FDCA), so long as the providers of the compounded
drugs abide by several restrictions.  However, the United States Supreme
Court held in Thompson v. Western States Medical Center that the FDAMA's
prohibitions on soliciting prescriptions for and advertising of compounded
drugs amounted to an unconstitutional restriction on commercial speech. As
proposed, S.B. 803 would change Texas law to reflect the U.S. Supreme
Court decision. 

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 Chapter 562, Occupations Code, by adding Subchapter D,
as follows: 

SUBCHAPTER D.  ADVERTISING OR PROMOTING 
BY PHARMACIST OR PHARMACY.

Sec.  562.151.  COMPOUNDING SERVICE AND COMPOUNDED DRUG PRODUCTS.
Authorizes a compounding pharmacist to advertise or promote nonsterile
prescription compounding services provided by the pharmacist or pharmacy
and specific compounded drug products that the pharmacy or pharmacist
dispenses or delivers.  

SECTION 2.  Effective date:  September 1, 2003.