|
|
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. |