By: Hupp, et al. (Senate Sponsor - Deuell) H.B. No. 2145
(In the Senate - Received from the House May 11, 2005;
May 13, 2005, read first time and referred to Committee on Health
and Human Services; May 19, 2005, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 8, Nays
0; May 19, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2145 By: Deuell
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. Subchapter D, Chapter 1601, Insurance Code, is
amended by adding Section 1601.156 to read as follows:
Sec. 1601.156. 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 a uniform 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 5. This Act applies to health benefit plans
provided under Chapters 1551, 1575, 1579, and 1601, Insurance Code,
beginning with the 2005-2006 plan year.
SECTION 6. This Act takes effect September 1, 2005.
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