By: Nichols  S.B. No. 1658
       (In the Senate - Filed March 8, 2007; March 21, 2007, read
first time and referred to Committee on Health and Human Services;
April 19, 2007, reported adversely, with favorable Committee
Substitute by the following vote:  Yeas 9, Nays 0; April 19, 2007,
sent to printer.)
 
COMMITTEE SUBSTITUTE FOR S.B. No. 1658 By:  Nichols
 
A BILL TO BE ENTITLED
AN ACT
 
relating to the authority of a pharmacist to fill certain
prescriptions in the event of a disaster.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 562.054, Occupations Code, is amended to
read as follows:
       Sec. 562.054.  EMERGENCY REFILLS.  (a)  A pharmacist may
exercise the pharmacist's professional judgment in refilling a
prescription for a prescription drug, other than a controlled
substance listed in Schedule II as established by the commissioner
of state [public] health services under Chapter 481, Health and
Safety Code, without the authorization of the prescribing
practitioner if:
             (1)  failure to refill the prescription might result in
an interruption of a therapeutic regimen or create patient
suffering;
             (2)  either:
                   (A)  a natural or manmade disaster has occurred
that prohibits the pharmacist from being able to contact the
practitioner; or
                   (B)  the pharmacist is unable to contact the
practitioner after reasonable effort;
             (3)  the quantity of prescription drug dispensed does
not exceed a 72-hour supply;
             (4)  the pharmacist informs the patient or the
patient's agent at the time of dispensing that the refill is being
provided without the practitioner's authorization and that
authorization of the practitioner is required for a future refill;
and
             (5)  the pharmacist informs the practitioner of the
emergency refill at the earliest reasonable time.
       (b)  Notwithstanding Subsection (a), in the event of a
natural or manmade disaster, a pharmacist may dispense not more
than a 30-day supply of a prescription drug, other than a controlled
substance listed in Schedule II as established by the commissioner
of state health services under Chapter 481, Health and Safety Code,
without the authorization of the prescribing practitioner if:
             (1)  failure to refill the prescription might result in
an interruption of a therapeutic regimen or create patient
suffering;
             (2)  the natural or manmade disaster prohibits the
pharmacist from being able to contact the practitioner;
             (3)  the governor has declared a state of disaster
under Chapter 418, Government Code; and
             (4)  the board, through the executive director, has
notified pharmacies in this state that pharmacists may dispense up
to a 30-day supply of a prescription drug.
       (c)  The prescribing practitioner is not liable for an act or
omission by a pharmacist in dispensing a prescription drug under
Subsection (b).
       SECTION 2.  Section 481.074, Health and Safety Code, is
amended by adding Subsections (l-1) and (l-2) to read as follows:
       (l-1) Notwithstanding Subsection (l), in the event of a
natural or manmade disaster, a pharmacist may dispense not more
than a 30-day supply of a prescription drug, other than a controlled
substance listed in Schedule II, without the authorization of the
prescribing practitioner if:
             (1)  failure to refill the prescription might result in
an interruption of a therapeutic regimen or create patient
suffering;
             (2)  the natural or manmade disaster prohibits the
pharmacist from being able to contact the practitioner;
             (3)  the governor has declared a state of disaster
under Chapter 418, Government Code; and
             (4)  the Texas State Board of Pharmacy, through its
executive director, has notified pharmacies in this state that
pharmacists may dispense up to a 30-day supply of a prescription
drug.
       (l-2)  The prescribing practitioner is not liable for an act
or omission by a pharmacist in dispensing a prescription drug under
Subsection (l-1).
       SECTION 3.  This Act takes effect September 1, 2007.
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