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A BILL TO BE ENTITLED
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AN ACT
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relating to the dispensing of certain drugs by physicians. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 158.001, Occupations Code, is amended by |
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amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) Except as provided by Subsection (d), a physician may |
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dispense dangerous drugs to the physician's patients and charge the |
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patients a reasonable fee for dispensing the drugs [This section
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does not permit a physician to operate a retail pharmacy] without |
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complying with Chapter 558. Before dispensing a dangerous drug, |
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the physician must notify the patient that the prescription for the |
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dangerous drug may be filled at a pharmacy. A physician may not |
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under this section dispense a Schedule II-V controlled substance as |
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specified under Chapter 481, Health and Safety Code. The board |
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shall adopt rules to establish a procedure for the dispensing of |
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dangerous drugs by a physician. |
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(d) Subsection (b) does not apply to workers' compensation |
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insurance coverage as defined by Section 401.011, Labor Code. |
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SECTION 2. Chapter 158, Occupations Code, is amended by |
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adding Section 158.0011 to read as follows: |
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Sec. 158.0011. DISPENSING OF DANGEROUS DRUGS FOR WORKERS' |
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COMPENSATION INSURANCE COVERAGE IN CERTAIN RURAL AREAS. (a) In |
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this section, "reimbursement for cost" means an additional charge, |
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separate from that imposed for the physician's professional |
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services, that includes the cost of the drug product and all other |
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actual costs to the physician incidental to providing the |
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dispensing service. The term does not include a separate fee |
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imposed for the act of dispensing the drug itself. |
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(b) This section applies to an area located in a county with |
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a population of 5,000 or less, or in a municipality or an |
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unincorporated town with a population of less than 2,500, that is |
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within a 15-mile radius of the physician's office and in which a |
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pharmacy is not located. This section does not apply to a |
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municipality or an unincorporated town that is adjacent to a |
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municipality with a population of 2,500 or more. |
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(c) A physician who practices medicine in an area described |
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by Subsection (b) may: |
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(1) maintain a supply of dangerous drugs in the |
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physician's office to be dispensed in the course of treating the |
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physician's patients; and |
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(2) be reimbursed for the cost of supplying those |
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drugs without obtaining a license under Chapter 558. |
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(d) A physician who dispenses dangerous drugs under |
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Subsection (c) shall: |
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(1) comply with each labeling provision under Subtitle |
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J applicable to that class of drugs; and |
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(2) oversee compliance with packaging and |
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recordkeeping provisions applicable to that class of drugs. |
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(e) A physician who desires to dispense dangerous drugs |
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under this section shall notify both the Texas State Board of |
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Pharmacy and the board that the physician practices in an area |
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described by Subsection (b). The physician may continue to |
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dispense dangerous drugs in the area until the Texas State Board of |
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Pharmacy determines, after notice and hearing, that the physician |
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no longer practices in an area described by Subsection (b). |
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SECTION 3. Subsection (b), Section 551.004, Occupations |
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Code, is amended to read as follows: |
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(b) This subtitle does not prevent a practitioner from: |
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(1) administering a drug to a patient of the |
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practitioner; or |
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(2) supplying dangerous drugs to a patient as provided |
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by Section 158.001(b). |
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SECTION 4. Section 158.003, Occupations Code, is repealed. |
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SECTION 5. (a) The Texas Medical Board shall adopt rules |
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to implement Subsection (b), Section 158.001, Occupations Code, as |
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amended by this Act, not later than December 1, 2011. |
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(b) The changes in law made by this Act apply to the |
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dispensing of a dangerous drug by a physician on or after December |
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1, 2011. The dispensing of a dangerous drug before December 1, |
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2011, is governed by the law in effect at the time the drug was |
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dispensed, and the former law is continued in effect for that |
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purpose. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |