| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to restrictions on the interchange of transplant |
|
|
immunosuppressant drugs. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 562, Occupations Code, is |
|
|
amended by adding Section 562.0142 to read as follows: |
|
|
Sec. 562.0142. TRANSPLANT IMMUNOSUPPRESSANT DRUG PRODUCT |
|
|
SELECTION PROHIBITED. (a) In this section: |
|
|
(1) "Immunosuppressant drug" means any drug |
|
|
prescribed for immunosuppressant therapy following a transplant. |
|
|
(2) "Interchange" means the substitution of one |
|
|
version of the same immunosuppressant drug, including a generic |
|
|
version for the prescribed brand, a brand version for the |
|
|
prescribed generic version, a generic version by one manufacturer |
|
|
for a generic version by a different manufacturer, a different |
|
|
formulation of the prescribed immunosuppressant drug, or a |
|
|
different immunosuppressant drug for the immunosuppressant drug |
|
|
originally prescribed. |
|
|
(b) Notwithstanding Section 562.014, a pharmacist may not |
|
|
interchange an immunosuppressant drug or formulation of an |
|
|
immunosuppressant drug, brand or generic for the treatment of a |
|
|
patient following a transplant without prior notification of and |
|
|
the signed informed consent of such interchange from the |
|
|
prescribing physician. |
|
|
(c) To comply with Subsection (b), a pharmacist may document |
|
|
the notification of a prescribing physician and secure the informed |
|
|
written consent of such physician by contacting the physician |
|
|
orally or electronically to secure permission to interchange an |
|
|
immunosuppressant drug or formulation of an immunosuppressant |
|
|
drug, brand, or generic and reducing such consent to writing. If |
|
|
the prescribing physician does not authorize a substitute, such |
|
|
denial shall also be documented in the same manner and format. A |
|
|
copy of such communication shall be forwarded to the physician and a |
|
|
copy kept with the records of the pharmacist. Such documented |
|
|
notification and consent under this subsection shall be considered |
|
|
a statement that the prescription is "brand medically necessary" |
|
|
and shall be considered part of the prescription, if applicable. |
|
|
SECTION 2. Section 562.009, Occupations Code, is amended by |
|
|
adding Subsection (e) to read as follows: |
|
|
(e) If the prescription is for an "immunosuppressant drug" |
|
|
as defined in Section 562.0142(a)(1), the pharmacist must comply |
|
|
with the provisions of Section 562.0142. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2007. |
|
|
|
|
|
* * * * * |