By: Deuell S.B. No. 546

(In the Senate - Filed February 8, 2011; February 17, 2011, read first time and referred to Committee on Health and Human Services; April 21, 2011, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 1; April 21, 2011, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 546 By: Deuell

A BILL TO BE ENTITLED

AN ACT

relating to the dispensing of certain drugs by physicians.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subsection (b), Section 158.001, Occupations Code, is amended to read as follows:

(b) A physician may dispense dangerous drugs to the physician's patients and charge the patients a reasonable fee for dispensing the drugs [This section does not permit a physician to operate a retail pharmacy] without complying with Chapter 558. Before dispensing a dangerous drug, the physician must notify the patient that the prescription for the dangerous drug may be filled at a pharmacy. The board shall adopt rules to establish a procedure for the dispensing of dangerous drugs by a physician.

SECTION 2. Subsection (b), Section 551.004, Occupations Code, is amended to read as follows:

(b) This subtitle does not prevent a practitioner from:

(1) administering a drug to a patient of the practitioner; or

(2) supplying dangerous drugs to a patient as provided by Section 158.001(b).

SECTION 3. Section 158.003, Occupations Code, is repealed.

SECTION 4. (a) The Texas Medical Board shall adopt rules to implement Subsection (b), Section 158.001, Occupations Code, as amended by this Act, not later than December 1, 2011.

(b) The changes in law made by this Act apply to the dispensing of a dangerous drug by a physician on or after December 1, 2011. The dispensing of a dangerous drug before December 1, 2011, is governed by the law in effect at the time the drug was dispensed, and the former law is continued in effect for that purpose.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.

* * * * *