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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a pharmacist to fill certain |
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prescriptions in the event of a disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 562.054, Occupations Code, is amended to |
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read as follows: |
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Sec. 562.054. EMERGENCY REFILLS. (a) A pharmacist may |
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exercise the pharmacist's professional judgment in refilling a |
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prescription for a prescription drug, other than a controlled |
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substance listed in Schedule II as established by the commissioner |
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of state [public] health services under Chapter 481, Health and |
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Safety Code, without the authorization of the prescribing |
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practitioner if: |
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(1) failure to refill the prescription might result in |
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an interruption of a therapeutic regimen or create patient |
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suffering; |
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(2) either: |
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(A) a natural or manmade disaster has occurred |
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that prohibits the pharmacist from being able to contact the |
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practitioner; or |
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(B) the pharmacist is unable to contact the |
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practitioner after reasonable effort; |
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(3) the quantity of prescription drug dispensed does |
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not exceed a 72-hour supply; |
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(4) the pharmacist informs the patient or the |
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patient's agent at the time of dispensing that the refill is being |
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provided without the practitioner's authorization and that |
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authorization of the practitioner is required for a future refill; |
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and |
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(5) the pharmacist informs the practitioner of the |
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emergency refill at the earliest reasonable time. |
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(b) Notwithstanding Subsection (a), in the event of a |
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natural or manmade disaster, a pharmacist may dispense not more |
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than a 30-day supply of a prescription drug, other than a controlled |
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substance listed in Schedule II as established by the commissioner |
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of state health services under Chapter 481, Health and Safety Code, |
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without the authorization of the prescribing practitioner if: |
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(1) failure to refill the prescription might result in |
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an interruption of a therapeutic regimen or create patient |
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suffering; |
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(2) the natural or manmade disaster prohibits the |
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pharmacist from being able to contact the practitioner; |
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(3) the governor has declared a state of disaster |
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under Chapter 418, Government Code; and |
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(4) the board, through the executive director, has |
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notified pharmacies in this state that pharmacists may dispense up |
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to a 30-day supply of a prescription drug. |
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(c) The prescribing practitioner is not liable for an act or |
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omission by a pharmacist in dispensing a prescription drug under |
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Subsection (b). |
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SECTION 2. Section 481.074, Health and Safety Code, is |
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amended by adding Subsections (l-1) and (l-2) to read as follows: |
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(l-1) Notwithstanding Subsection (l), in the event of a |
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natural or manmade disaster, a pharmacist may dispense not more |
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than a 30-day supply of a prescription drug, other than a controlled |
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substance listed in Schedule II, without the authorization of the |
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prescribing practitioner if: |
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(1) failure to refill the prescription might result in |
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an interruption of a therapeutic regimen or create patient |
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suffering; |
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(2) the natural or manmade disaster prohibits the |
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pharmacist from being able to contact the practitioner; |
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(3) the governor has declared a state of disaster |
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under Chapter 418, Government Code; and |
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(4) the Texas State Board of Pharmacy, through its |
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executive director, has notified pharmacies in this state that |
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pharmacists may dispense up to a 30-day supply of a prescription |
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drug. |
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(l-2) The prescribing practitioner is not liable for an act |
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or omission by a pharmacist in dispensing a prescription drug under |
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Subsection (l-1). |
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SECTION 3. This Act takes effect September 1, 2007. |