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By: Deuell |
S.B. No. 546 |
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(In the Senate - Filed February 8, 2011; February 17, 2011, |
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read first time and referred to Committee on Health and Human |
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Services; April 21, 2011, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 8, Nays 1; |
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April 21, 2011, sent to printer.) |
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COMMITTEE SUBSTITUTE FOR S.B. No. 546 |
By: Deuell |
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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. Subsection (b), Section 158.001, Occupations |
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Code, is amended to read as follows: |
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(b) A physician may dispense dangerous drugs to the |
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physician's patients and charge the patients a reasonable fee for |
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dispensing the drugs [This section does not permit a physician to
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operate a retail pharmacy] without complying with Chapter 558. |
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Before dispensing a dangerous drug, the physician must notify the |
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patient that the prescription for the dangerous drug may be filled |
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at a pharmacy. The board shall adopt rules to establish a procedure |
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for the dispensing of dangerous drugs by a physician. |
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SECTION 2. 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 3. Section 158.003, Occupations Code, is repealed. |
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SECTION 4. (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 5. 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. |
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