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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 dispense and deliver |
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tobacco cessation drugs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 554, Occupations Code, is |
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amended by adding Section 554.058 to read as follows: |
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Sec. 554.058. RULEMAKING; TOBACCO CESSATION DRUGS. The |
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board, with the advice of the Texas Medical Board, shall adopt rules |
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governing the procedures and requirements for a pharmacist to |
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dispense and deliver tobacco cessation drugs under Section 562.016, |
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including rules governing: |
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(1) the protocol for dispensing and delivering a |
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tobacco cessation drug under that section; |
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(2) the education and training a pharmacist must |
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complete to dispense and deliver a tobacco cessation drug under |
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that section; |
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(3) the specific drugs that may be dispensed and |
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delivered under that section; |
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(4) the documentation that a pharmacist must create |
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and maintain under that section; and |
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(5) the notification a pharmacist must provide to a |
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physician designated by the person receiving the tobacco cessation |
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drug, including procedures for a person receiving the tobacco |
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cessation drug who does not have an established primary care |
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physician. |
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SECTION 2. Subchapter A, Chapter 562, Occupations Code, is |
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amended by adding Section 562.016 to read as follows: |
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Sec. 562.016. AUTHORITY TO DISPENSE AND DELIVER CERTAIN |
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MEDICATIONS. (a) In this section, "tobacco cessation drug" means a |
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prescription drug approved by the United States Food and Drug |
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Administration for use in the treatment of nicotine or smoking |
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addiction. |
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(b) Notwithstanding any other law, a pharmacist may |
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dispense and deliver, without a prescription drug order, a tobacco |
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cessation drug to an individual who uses tobacco. |
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(c) A pharmacist may charge a fee for providing a |
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professional service under this section in addition to a fee |
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charged for dispensing a drug. |
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SECTION 3. Not later than April 1, 2016, the Texas State |
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Board of Pharmacy, with the advice of the Texas Medical Board, shall |
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adopt the rules required by Section 554.058, Occupations Code, as |
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added by this Act. |
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SECTION 4. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2015. |
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(b) Section 562.016, Occupations Code, as added by this Act, |
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takes effect April 1, 2016. |