BILL ANALYSIS Senate Research Center S.B. 2422 81R13343 BEF-D By: Deuell Health & Human Services 5/4/2009 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT According to the National Association of Boards of Pharmacy's Survey of Pharmacy Law, 40 states allow physicians to dispense drugs without restriction. Texas is one of the few states with this restriction. In the states where dispensing drugs is allowed, physician's offices do not become full-service pharmacies. Generally, the offices dispense commonly prescribed medications, such as antibiotics, pain relievers, and allergy medication. Authorizing physicians in Texas to dispense drugs will provide convenience to patients who will be able to avoid a trip to a pharmacy for basic medications. As proposed, S.B. 2422 amends current law relating to the dispensing of drugs by physicians. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 158.001(b), Occupations Code, to authorize a physician to dispense dangerous drugs and controlled substances to the physician's patients and charge the patients for the drugs without complying with Chapter 558 (License to Practice Pharmacy), rather than providing that this section does not permit a physician to operate a retail pharmacy without complying with Chapter 558. SECTION 2. Amends Section 551.004(b), Occupations Code, to provide that this subtitle does not prevent a practitioner from administering a drug to a patient of the practitioner or supplying drugs to a patient as provided by Section 158.001(b) (relating to not permitting a physician to operate a retail pharmacy without complying with Chapter 558). Makes nonsubstantive changes. SECTION 3. Effective date: upon passage or September 1, 2009.
BILL ANALYSIS
Senate Research Center S.B. 2422
81R13343 BEF-D By: Deuell
Health & Human Services
5/4/2009
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
According to the National Association of Boards of Pharmacy's Survey of Pharmacy Law, 40 states allow physicians to dispense drugs without restriction. Texas is one of the few states with this restriction. In the states where dispensing drugs is allowed, physician's offices do not become full-service pharmacies. Generally, the offices dispense commonly prescribed medications, such as antibiotics, pain relievers, and allergy medication. Authorizing physicians in Texas to dispense drugs will provide convenience to patients who will be able to avoid a trip to a pharmacy for basic medications.
As proposed, S.B. 2422 amends current law relating to the dispensing of drugs by physicians.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 158.001(b), Occupations Code, to authorize a physician to dispense dangerous drugs and controlled substances to the physician's patients and charge the patients for the drugs without complying with Chapter 558 (License to Practice Pharmacy), rather than providing that this section does not permit a physician to operate a retail pharmacy without complying with Chapter 558.
SECTION 2. Amends Section 551.004(b), Occupations Code, to provide that this subtitle does not prevent a practitioner from administering a drug to a patient of the practitioner or supplying drugs to a patient as provided by Section 158.001(b) (relating to not permitting a physician to operate a retail pharmacy without complying with Chapter 558). Makes nonsubstantive changes.
SECTION 3. Effective date: upon passage or September 1, 2009.