81R233 YDB-F
By: Brown of Brazos H.B. No. 96
A BILL TO BE ENTITLED
AN ACT
relating to compounded prescription drugs dispensed by a
pharmacist.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 562, Occupations Code, is
amended by adding Section 562.156 to read as follows:
Sec. 562.156. COMPOUNDED PRESCRIPTION DRUGS. (a) By
checking a box labeled "compounded prescription drug authorized," a
practitioner on a written prescription drug order may authorize a
pharmacist to dispense to an identified individual patient a
compounded prescription drug that meets the requirements of 21
U.S.C. Section 353a and other applicable federal law.
(b) Before receipt of a practitioner's valid prescription
drug order and based on a history of a pharmacist receiving valid
prescription drug orders for a compounded prescription drug in an
established relationship between the pharmacist and an identified
individual patient or a practitioner, the pharmacist may dispense
to the patient in limited quantities a compounded prescription drug
that meets the requirements of 21 U.S.C. Section 353a and other
applicable federal law.
(c) The amount charged for a compounded prescription drug
substituted for a prescribed brand drug may not exceed the amount
charged for the prescribed brand drug.
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.