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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 anti-epileptic drugs |
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and drugs used to treat or prevent seizures. |
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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 562.0141 to read as follows: |
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Sec. 562.0141. ANTI-EPILEPTIC DRUG PRODUCT SELECTION |
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PROHIBITED. (a) In this section: |
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(1) "Anti-epileptic drug" means: |
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(A) any drug prescribed for the treatment of |
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epilepsy; or |
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(B) a drug used to treat or prevent seizures. |
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(2) "Epilepsy" means a neurological condition |
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characterized by recurrent seizures. |
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(3) "Seizure" means an acute clinical change secondary |
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to a brief disturbance in the electrical activity of the brain. |
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(4) "Interchange" means the substitution of one |
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version of the same anti-epileptic drug, including a generic |
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version for the prescribed brand, a brand version for the |
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prescribed generic version, a generic version by one manufacturer |
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for a generic version by a different manufacturer, a different |
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formulation of the prescribed anti-epileptic drug or a different |
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anti-epileptic drug for the anti-epileptic drug originally |
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prescribed. |
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(b) Notwithstanding Section 562.014, a pharmacist may not |
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interchange an anti-epileptic drug or formulation of an |
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anti-epileptic drug, brand or generic, for the treatment of a |
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patient with seizures or epilepsy without prior notification of and |
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the signed informed consent of such interchange from the |
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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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anti-epileptic drug or formulation of an anti-epileptic drug, brand |
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or generic, and reducing such consent to writing. If the |
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prescribing physician does not authorize a substitute, such denial |
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shall also be documented in the same manner and format. A copy of |
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such communication shall be forwarded to the physician and a copy |
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kept with the records of the pharmacist. The 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. Section 562.009, Occupations Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) If the prescription is for an "anti-epileptic drug" as |
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defined by Section 562.0141(a)(1), the pharmacist must comply with |
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the provisions of Section 562.0141. |
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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. |
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* * * * * |