80R6462 YDB-F
 
  By: Shapleigh S.B. No. 1591
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the dispensing of prescription and over-the-counter
drugs and devices; providing penalties.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  The heading to Chapter 563, Occupations Code, is
amended to read as follows:
CHAPTER 563. DISPENSING [PRESCRIPTION] REQUIREMENTS; DELEGATION OF
ADMINISTRATION AND PROVISION OF DANGEROUS DRUGS
       SECTION 2.  Chapter 563, Occupations Code, is amended by
adding Subchapter A to read as follows:
SUBCHAPTER A. DISPENSING REQUIREMENTS
       Sec. 563.001.  PHARMACY DUTY TO DISPENSE VALID PRESCRIPTION.
(a) On receipt of a valid prescription a pharmacy shall dispense any
prescription drug or device that is in stock without delay,
consistent with the normal time for filling any other prescription.
       (b)  Nothing in this subchapter prohibits a pharmacy from
refusing to dispense a prescription drug or device in accordance
with standard pharmacy practice if:
             (1)  the pharmacist has a valid medical concern that
the drug or device will cause problems due to therapeutic
duplications, drug-disease contraindications, drug interactions,
including serious interactions with prescription or
over-the-counter medications, incorrect dosage or duration of drug
treatment, drug-allergy interactions, drug abuse, or drug misuse;
or
             (2)  the customer is unable to pay for the drug or
device.
       (c)  If a customer requests a prescription drug or device
that is not in stock, the pharmacy shall in a timely manner and in
accordance with the customer's request:
             (1)  obtain the drug or device under the pharmacy's
standard procedures for an expedited order of any prescription drug
or device not in stock and promptly notify the customer when the
pharmacy receives the drug or device;
             (2)  locate a pharmacy of the customer's choice or the
closest pharmacy that has the drug or device in stock and transfer
the customer's prescription to that pharmacy under standard
procedures for transferring prescriptions; or
             (3)  return the prescription order to the customer at
any time before dispensing.
       (d)  A pharmacy shall ensure that customers are not
intimidated, threatened, or harassed in receiving services from the
pharmacy.
       Sec. 563.002.  CONTRACEPTION APPROVED FOR OVER-THE-COUNTER
USE. (a) A licensed pharmacy shall fill in a timely manner all
requests for contraception approved for over-the-counter use.
       (b)  If a customer requests contraception approved for
over-the-counter use and the drug or device is not in stock, the
pharmacy shall in a timely manner and in accordance with the
customer's request:
             (1)  obtain the contraception under the pharmacy's
standard procedures for an expedited order of an over-the-counter
drug not in stock and promptly notify the customer when the pharmacy
receives the contraception; or
             (2)  locate a pharmacy of the customer's choice or the
closest pharmacy that has the contraception in stock and refer the
customer to that pharmacy.
       (c)  A pharmacy shall ensure that customers are not
intimidated, threatened, or harassed in receiving services from the
pharmacy.
       Sec. 563.003.  NOTICE OF RIGHTS. (a) A pharmacy must
prominently display the notice described in Subsection (b) and
include information regarding the method for filing a complaint
with the board.
       (b)  The notice must be clearly visible from the area at
which the pharmacy intakes prescriptions. The notice must be no
smaller than 8.5 inches by 11 inches and must state:
IF YOU USE PRESCRIPTION DRUGS OR DEVICES OR
CONTRACEPTION KNOW YOUR RIGHTS.
             If this pharmacy dispenses prescription drugs or
devices or contraception, you have the following
rights under Texas law:
                   (1)  on receipt of a valid prescription,
this pharmacy must dispense your prescribed drug or
device or contraception without delay, consistent with
the normal time for filling any other prescription;
and
                   (2)  if your prescribed drug or device or
contraception is out of stock, you may request the
pharmacy in a timely manner to:
                         (A)  order your drug or device or
contraception and notify you when the pharmacy
receives the drug or device or contraception;
                         (B)  transfer your prescription to a
pharmacy of your choice or to the closest pharmacy; or
                         (C)  return the prescription order to
you at any time before dispensing.
             A pharmacy is not required to dispense a drug if:
                   (1)  there is a valid medical concern that
the drug or device will cause problems due to
therapeutic duplications, drug-disease
contraindications, drug interactions, including
serious interactions with prescription or
over-the-counter medications, incorrect dosage or
duration of drug treatment, drug-allergy
interactions, drug abuse, or drug misuse; or
                   (2)  the customer is unable to pay for the
drug or device.
IF YOU USE CONTRACEPTION APPROVED FOR OVER-THE-COUNTER
USE KNOW YOUR RIGHTS.
             The pharmacy must dispense contraception
approved for over-the-counter use in a timely manner.
             If contraception approved for over-the-counter
use is out of stock, you may request that the pharmacy
in a timely manner:
                   (1)  order the contraception and notify you
when the pharmacy receives the contraception; or
                   (2)  locate, and refer you to, a pharmacy of
your choice or the closest pharmacy that has the
contraception in stock.
             You are entitled to request multiple packages of
contraception approved for over-the-counter use.
IF YOU BELIEVE YOUR RIGHTS HAVE BEEN VIOLATED PLEASE
FILL OUT A COMPLAINT FORM AT:
http://www.tsbp.state.tx.us/consumer/complaint.htm
OR TO HAVE A COMPLAINT FORM MAILED TO YOU CALL:
1-800-821-3205.
       Sec. 563.004.  PHARMACIST REFUSAL. (a) A pharmacist may
refuse on ethical, moral, or religious ground to dispense a
prescription drug or device pursuant to a valid prescription only
if the pharmacist has previously notified the pharmacy employer in
writing of the drug or class of drugs to which the pharmacist
objects and the pharmacy provides a reasonable accommodation.
       (b)  The pharmacy shall establish protocols that ensure the
patient is given timely access to a prescription drug or device
despite the pharmacist's refusal to dispense the valid
prescription.
       Sec. 563.005.  COMPLAINT. (a) Any person who believes that a
violation of this subchapter has occurred may file a complaint with
the board.
       (b)  Not later than the 30th day after the date the board
receives a complaint under this section, the board must investigate
the complaint and determine whether a violation occurred.
       Sec. 563.006.  DISCIPLINARY ACTION AND PENALTIES. (a) A
violation of this subchapter constitutes unprofessional conduct
and subjects the license holder to disciplinary action by the board
in accordance with Chapter 566 and board rules.
       (b)  If the board determines that a violation has occurred,
the board shall impose the appropriate penalties in accordance with
board rules. A pharmacy that violates this subchapter is subject to
an administrative penalty assessed in accordance with the schedule
of administrative penalties adopted by board rule.
       (c)  If the attorney general has reasonable cause to believe
that any person or group of persons is being, has been, or may be
injured by conduct constituting a violation of this subchapter, the
attorney general may commence a civil action in the name of this
state, as parens patriae on behalf of natural persons residing in
this state. In the action by the attorney general, the court may
award appropriate relief, including compensatory damages and civil
penalties in amounts not to exceed the amounts provided by board
rules for first and second violations.
       Sec. 563.007.  CIVIL LIABILITY. A person who has been
injured by a violation of this subchapter may bring a civil action
for compensatory and punitive damages, as well as the costs of suit
and reasonable fees for attorneys and expert witnesses. For
compensatory damages, the plaintiff may elect, at any time before
the final judgment is rendered, to recover, in lieu of actual
damages, an award of statutory damages in the amount of $5,000 per
violation.
       SECTION 3.  The Texas State Board of Pharmacy shall adopt the
rules necessary to implement Subchapter A, Chapter 563, Occupations
Code, as added by this Act, not later than December 1, 2007.
       SECTION 4.  The changes in law made by this Act apply only to
a prescription or over-the-counter drug, a device, or contraception
dispensed on or after January 1, 2008.
       SECTION 5.  This Act takes effect September 1, 2007.