79R5744 PB-D


By:  Hupp, Seaman, Grusendorf                                     H.B. No. 2145



A BILL TO BE ENTITLED

AN ACT

relating to prohibiting changes in certain prescription drug orders 
without the approval of the prescribing health care practitioner.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter E, Chapter 1551, Insurance Code, is 
amended by adding Section 1551.2197 to read as follows:
	Sec. 1551.2197.  CERTAIN CHANGES IN PRESCRIPTION DRUG ORDERS 
PROHIBITED.  (a)  In this section, "drug," "pharmacist," 
"pharmacy," "practitioner," and "prescription drug order" have the 
meanings assigned by Section 551.003, Occupations Code.
	(b)  A pharmacy or pharmacist may not change a drug or other 
medication dispensed under a prescription drug order issued by a 
practitioner for a participant in the group benefits program 
without the approval of that practitioner.
	(c)  This section does not apply to a generic substitution 
made in compliance with Subchapter A, Chapter 562, Occupations 
Code.
	SECTION 2.  Subchapter D, Chapter 1575, Insurance Code, is 
amended by adding Section 1575.171 to read as follows:
	Sec. 1575.171.  CERTAIN CHANGES IN PRESCRIPTION DRUG ORDERS 
PROHIBITED.  (a)  In this section, "drug," "pharmacist," 
"pharmacy," "practitioner," and "prescription drug order" have the 
meanings assigned by Section 551.003, Occupations Code.
	(b)  A pharmacy or pharmacist may not change a drug or other 
medication dispensed under a prescription drug order issued by a 
practitioner for a participant in the group program without the 
approval of that practitioner.
	(c)  This section does not apply to a generic substitution 
made in compliance with Subchapter A, Chapter 562, Occupations 
Code.
	SECTION 3.  Subchapter C, Chapter 1579, Insurance Code, is 
amended by adding Section 1579.109 to read as follows:
	Sec. 1579.109.  CERTAIN CHANGES IN PRESCRIPTION DRUG ORDERS 
PROHIBITED.  (a)  In this section, "drug," "pharmacist," 
"pharmacy," "practitioner," and "prescription drug order" have the 
meanings assigned by Section 551.003, Occupations Code.
	(b)  A pharmacy or pharmacist may not change a drug or other 
medication dispensed under a prescription drug order issued by a 
practitioner for a participant in the program without the approval 
of that practitioner.
	(c)  This section does not apply to a generic substitution 
made in compliance with Subchapter A, Chapter 562, Occupations 
Code.
	SECTION 4.  This Act applies to health benefit plans 
provided under Chapters 1551, 1575, and 1579, Insurance Code, 
beginning with the 2005-2006 plan year.
	SECTION 5.  This Act takes effect September 1, 2005.