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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on the interchange of transplant |
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immunosuppressant drugs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 562, Occupations Code, is |
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amended by adding Section 562.0142 to read as follows: |
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Sec. 562.0142. TRANSPLANT IMMUNOSUPPRESSANT DRUG PRODUCT |
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SELECTION PROHIBITED. (a) In this section: |
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(1) "Immunosuppressant drug" means: |
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(A) any drug prescribed for immunosuppressant therapy |
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following a transplant; |
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(2) "Interchange" means the substitution of one version of |
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the same immunosuppressant drug, including a generic version for |
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the prescribed brand, a brand version for the prescribed generic |
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version, a generic version by one manufacturer for a generic |
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version by a different manufacturer, a different formulation of the |
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prescribed immunosuppressant drug or a different immunosuppressant |
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drug for the immunosuppressant drug originally prescribed. |
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(b) Notwithstanding Section 562.014, Occupations Code, a |
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pharmacist may not interchange an immunosuppressant drug or |
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formulation of an immunosuppressant drug, brand or generic, for the |
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treatment of a patient following a transplant without prior |
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notification of and the signed informed consent of such interchange |
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from the prescribing physician. |
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(c) To comply with Subsection (b), a pharmacist may document |
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the notification of a prescribing physician and secure the informed |
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written consent of such physician by contacting the physician |
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orally or electronically to secure permission to interchange an |
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immunosuppressant drug or formulation of an immunosuppressant |
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drug, brand or generic, and reducing such consent to writing. If |
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the prescribing physician does not authorize a substitute, such |
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denial shall also be documented in the same manner and format. A |
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copy of such communication shall be forwarded to the physician and a |
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copy kept with the records of the pharmacist. Such documented |
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notification and consent under this Subsection shall be considered |
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as a statement that the prescription is "brand medically necessary" |
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and shall be considered part of the prescription, if applicable. |
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SECTION 2. Subchapter A, Chapter 562, Occupations Code, is |
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amended by adding Section 562.009 (e) to read as follows: |
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Sec. 562.009 (e) If the prescription is for an |
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"immunosuppressant drug" as defined in Sec. 562.0142 (1), the |
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pharmacist must comply with the provisions of Sec. 562.0142. |
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SECTION 3. 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. |