| 1 | 1 | | H.B. No. 2765 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the authority of a veterinarian to fill certain |
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| 6 | 6 | | prescriptions in an emergency. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 801.362(a), Occupations Code, is amended |
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| 9 | 9 | | to read as follows: |
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| 10 | 10 | | (a) A veterinarian may dispense a drug, other than a |
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| 11 | 11 | | controlled substance, prescribed by another veterinarian, |
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| 12 | 12 | | including a veterinarian licensed in another state, if: |
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| 13 | 13 | | (1) failure to dispense the drug could interrupt a |
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| 14 | 14 | | therapeutic regimen or cause a patient to suffer; |
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| 15 | 15 | | (2) the prescribing veterinarian informs the |
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| 16 | 16 | | dispensing veterinarian that the drug is appropriate and necessary |
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| 17 | 17 | | for the animal; |
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| 18 | 18 | | (3) the quantity of the dispensed drug does not exceed |
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| 19 | 19 | | a five-day supply for each animal annually; |
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| 20 | 20 | | (4) the annual total of dosage units of drugs |
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| 21 | 21 | | dispensed under this subsection is not more than five percent of the |
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| 22 | 22 | | total dosage units of drugs the veterinarian dispenses in a year; |
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| 23 | 23 | | and |
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| 24 | 24 | | (5) the veterinarian maintains records of dispensing |
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| 25 | 25 | | activities under this section consistent with board rules. |
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| 26 | 26 | | SECTION 2. This Act takes effect immediately if it receives |
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| 27 | 27 | | a vote of two-thirds of all the members elected to each house, as |
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| 28 | 28 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 29 | 29 | | Act does not receive the vote necessary for immediate effect, this |
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| 30 | 30 | | Act takes effect September 1, 2009. |
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| 31 | 31 | | ______________________________ ______________________________ |
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| 32 | 32 | | President of the Senate Speaker of the House |
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| 33 | 33 | | I certify that H.B. No. 2765 was passed by the House on April |
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| 34 | 34 | | 9, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not |
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| 35 | 35 | | voting. |
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| 36 | 36 | | ______________________________ |
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| 37 | 37 | | Chief Clerk of the House |
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| 38 | 38 | | I certify that H.B. No. 2765 was passed by the Senate on May |
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| 39 | 39 | | 21, 2009, by the following vote: Yeas 31, Nays 0. |
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| 40 | 40 | | ______________________________ |
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| 41 | 41 | | Secretary of the Senate |
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| 42 | 42 | | APPROVED: _____________________ |
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| 43 | 43 | | Date |
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| 44 | 44 | | _____________________ |
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| 45 | 45 | | Governor |
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