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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedure for filling prescriptions for nursing |
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home residents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter N, Chapter 242, Health and Safety |
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Code, is amended by adding Section 242.6015 to read as follows: |
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Sec. 242.6015. LIMIT ON FILLING PRESCRIPTIONS. Before an |
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institution may fill a prescription for a resident of the |
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institution, the institution shall determine whether the patient is |
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covered by a health insurance policy or other private health |
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benefit plan that provides prescription drug benefits, including |
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coverage provided in accordance with Medicare Part D, that would |
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cover the prescribed medication. If the resident has coverage for |
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prescription drug benefits, the institution may fill the |
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prescription only if: |
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(1) the institution: |
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(A) is a network provider under the resident's |
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policy or plan; or |
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(B) receives written authorization from the |
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resident or the resident's legally authorized representative to |
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fill the prescription; or |
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(2) it is immediately necessary to administer the |
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prescribed medication to prevent imminent probable death or |
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substantial bodily harm to the resident. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |