78R7714 T
By: Capelo H.B. No. 1932
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the practice of pharmacy and the
dispensing of certain drugs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 562, Occupations Code,
Section 562.015 is amended to read as follows:
Sec. 562.015. DISPENSING DIRECTIVE [; COMPLIANCE WITH
FEDERAL LAW]. (a) The board shall adopt rules to provide a
dispensing directive to instruct pharmacists on the manner in which
to dispense a drug according to the contents of a prescription. The
rules adopted under this section must:
(1) permit the prescription form to either:
(A) contain the handwritten phrase "brand
necessary" or "brand medically necessary" on the prescription form
to prohibit the substitution of a generically equivalent drug for a
brand name drug; or
(B) contain two signature lines of equal
prominence, side by side, at the bottom of the form with the words
"product selection permitted" clearly printed under one signature
line and "dispense as written" under the other signature line, with
the physician or practitioner communicating dispensing
instructions by signing the appropriate line. By signing the line
with "dispense as written" printed underneath the physician or
practitioner prohibits the substitution of a generically
equivalent drug for a brand name drug;
[(1) require the use of the phrase "brand necessary"
or "brand medically necessary" on a prescription form to prohibit
the substitution of a generically equivalent drug for a brand name
drug;]
(2) be in a format that protects confidentiality as
required by the Health Insurance Portability and Accountability Act
of 1996 (29 U.S.C. Section 1181 et seq.) and its subsequent
amendments;
(3) comply with federal and state law, including
rules, with regard to formatting and security requirements; and
(4) [be developed to coordinate with 42 C.F.R. Section
447.331(c); and
[(5)] include an exemption for electronic
prescriptions as provided by Section 562.016 [Subsection (b)].
[(b) The board shall provide an exemption from the directive
adopted under this section for prescriptions transmitted
electronically. The board may regulate the use of electronic
prescriptions in the manner provided by federal law, including
rules.]
SECTION 2. Subchapter A, Chapter 562, Occupations Code, is
amended by adding Section 562.016 to read as follows:
Sec. 562.016. DISPENSING DIRECTIVE; ELECTRONIC
PRESCRIPTIONS. (a) To prohibit the substitution of a generically
equivalent drug for a brand name drug, a prescription transmitted
electronically, which does not include a direct image of a written
prescription transmitted by facsimile, need merely contain a clear
indication within it that generic substitution is not permitted.
The use of check boxes or other similar notations may be used to
indicate that generic substitution is not permitted.
(b) The board shall not require that prescriptions
transmitted electronically use a particular word, phrase or phrases
to prohibit the substitution of a generically equivalent drug.
SECTION 3. This Act takes effect September 1, 2003.