| |
| |
|
|
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. Section 157.002(f), Occupations Code, is amended |
|
|
to read as follows: |
|
|
(f) Subsections (b) and (c) do not authorize a physician or |
|
|
a person acting under the supervision of a physician to keep a |
|
|
pharmacy, advertised or otherwise, for the retail sale of dangerous |
|
|
drugs, other than as authorized under Section 158.001(b) [158.003], |
|
|
without complying with the applicable laws relating to the |
|
|
dangerous drugs. |
|
|
SECTION 2. Section 158.001, Occupations Code, is amended by |
|
|
amending Subsections (a) and (b) and adding Subsection (a-1) to |
|
|
read as follows: |
|
|
(a) In this section, "dangerous drug" has the meaning |
|
|
assigned by Section 483.001, Health and Safety Code. |
|
|
(a-1) A physician licensed under this subtitle may supply a |
|
|
patient with any drug, remedy, or clinical supply necessary to meet |
|
|
the patient's immediate needs. |
|
|
(b) A physician may dispense dangerous drugs to the |
|
|
physician's patients and charge the patients for the drugs [This |
|
|
section does not permit a physician to operate a retail pharmacy] |
|
|
without complying with Chapter 558. |
|
|
SECTION 3. Section 551.004(b), 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 4. Section 563.051(d), Occupations Code, is amended |
|
|
to read as follows: |
|
|
(d) This section does not authorize a physician or a person |
|
|
acting under the supervision of a physician to keep a pharmacy, |
|
|
advertised or otherwise, for the retail sale of dangerous drugs, |
|
|
other than as authorized under Section 158.001(b) [158.003], |
|
|
without complying with the applicable laws relating to the |
|
|
dangerous drugs. |
|
|
SECTION 5. The following provisions of the Occupations Code |
|
|
are repealed: |
|
|
(1) Section 158.003; and |
|
|
(2) Section 563.053. |
|
|
SECTION 6. 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, 2023. |