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Amend CSSB 409 on third reading by adding the following 
appropriately numbered SECTION and renumbering existing SECTIONS 
as appropriate:
	SECTION ___. Section 562.014, Occupations Code, is amended to 
read as follows:
	Sec. 562.014.  APPLICATION TO NARROW THERAPEUTIC INDEX 
DRUGS. (a) Except as provided by this section, drug selection as 
authorized by this subchapter does not apply to the refill of a 
prescription for a narrow therapeutic index drug.  The board, in 
consultation with the Texas [State Board of] Medical Board
[Examiners], shall by rule establish a list of narrow therapeutic 
index drugs to which this subsection applies.  A prescription for a 
narrow therapeutic index drug may be refilled only by using the same 
drug product by the same manufacturer that the pharmacist last 
dispensed under the prescription, unless otherwise agreed to by the 
prescribing practitioner [physician].  If a pharmacist does not 
have the same drug product by the same manufacturer in stock to 
refill the prescription, the pharmacist may dispense a drug product 
that is generically equivalent if the pharmacist, before dispensing 
the generically equivalent drug product, notifies:
		(1)  the patient, at the time the prescription is 
dispensed, that a substitution of the prescribed drug product has 
been made;  and
		(2)  the prescribing practitioner [physician] of the 
drug product substitution by telephone, facsimile, or mail, at the 
earliest reasonable time, but not later than 72 hours after 
dispensing the prescription.
	(b)  The board, in consultation with the Texas Medical Board, 
shall include all anti-epileptic drugs, as defined by Section 
562.0141(a), in the list of narrow therapeutic index drugs.
	(c)  Notwithstanding any other provision of law, this 
section applies to the refill of a prescription for a narrow 
therapeutic index drug only if the prescribing practitioner 
indicates on the prescription or in the directions on the 
prescription that the drug is for the treatment of epilepsy or 
seizures, as those terms are defined by Section 562.0141(a).