H.B. No. 2765 AN ACT relating to the authority of a veterinarian to fill certain prescriptions in an emergency. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 801.362(a), Occupations Code, is amended to read as follows: (a) A veterinarian may dispense a drug, other than a controlled substance, prescribed by another veterinarian, including a veterinarian licensed in another state, if: (1) failure to dispense the drug could interrupt a therapeutic regimen or cause a patient to suffer; (2) the prescribing veterinarian informs the dispensing veterinarian that the drug is appropriate and necessary for the animal; (3) the quantity of the dispensed drug does not exceed a five-day supply for each animal annually; (4) the annual total of dosage units of drugs dispensed under this subsection is not more than five percent of the total dosage units of drugs the veterinarian dispenses in a year; and (5) the veterinarian maintains records of dispensing activities under this section consistent with board rules. SECTION 2. 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, 2009. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2765 was passed by the House on April 9, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not voting. ______________________________ Chief Clerk of the House I certify that H.B. No. 2765 was passed by the Senate on May 21, 2009, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor