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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 any drug |
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prescribed for immunosuppressant therapy following a transplant. |
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(2) "Interchange" means the substitution of one |
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version of the same immunosuppressant 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 immunosuppressant drug, or a |
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different immunosuppressant drug for the immunosuppressant drug |
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originally prescribed. |
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(b) Notwithstanding Section 562.014, a pharmacist may not |
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interchange an immunosuppressant drug or formulation of an |
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immunosuppressant drug, brand or generic for the treatment of a |
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patient following a transplant 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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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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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 "immunosuppressant drug" |
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as defined in Section 562.0142(a)(1), the pharmacist must comply |
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with the provisions of Section 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. |
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