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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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specializing in ophthalmology. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 157.002(f), Occupations Code, is amended |
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to read as follows: |
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(f) Subsections (b) and (c) do not authorize a physician or |
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a person acting under the supervision of a physician to keep a |
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pharmacy, advertised or otherwise, for the retail sale of dangerous |
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drugs, other than as authorized under Section 158.003 or 158.004, |
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without complying with the applicable laws relating to the |
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dangerous drugs. |
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SECTION 2. Chapter 158, Occupations Code, is amended by |
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adding Section 158.004 to read as follows: |
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Sec. 158.004. DISPENSING OF CERTAIN OPHTHALMIC DRUGS. (a) |
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In this section, "dangerous drug" and "dispense" have the meanings |
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assigned to those terms by Section 483.001, Health and Safety Code. |
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(b) A physician specializing in ophthalmology may dispense |
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to the physician's patients commercially sealed and packaged |
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nonsystemic dangerous drugs in drop or ointment form for initial, |
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post-examination, post-procedural, or emergent ophthalmic |
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treatment. |
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(c) A physician may charge and receive reimbursement for |
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stocking, storing, and labeling a drug dispensed under Subsection |
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(b) without obtaining a license under Chapter 558. |
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(d) A physician who dispenses drugs under Subsection (b) |
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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) ensure compliance with packaging and |
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recordkeeping provisions applicable to that class of drugs. |
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SECTION 3. Section 551.004(b), Occupations Code, is amended |
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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) dispensing dangerous drugs to a patient as |
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provided by Section 158.004. |
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SECTION 4. Section 563.051(d), Occupations Code, is amended |
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to read as follows: |
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(d) This section does not authorize a physician or a person |
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acting under the supervision of a physician to keep a pharmacy, |
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advertised or otherwise, for the retail sale of dangerous drugs, |
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other than as authorized under Section 158.003 or 158.004, without |
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complying with the applicable laws relating to the dangerous drugs. |
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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, 2025. |