| 1 | 1 | | By: Naishtat (Senate Sponsor - Lucio) H.B. No. 2069 |
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| 2 | 2 | | (In the Senate - Received from the House May 4, 2011; |
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| 3 | 3 | | May 5, 2011, read first time and referred to Committee on Health |
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| 4 | 4 | | and Human Services; May 13, 2011, reported favorably by the |
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| 5 | 5 | | following vote: Yeas 7, Nays 0; May 13, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the authority of a pharmacist to dispense up to a 90-day |
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| 11 | 11 | | supply of dangerous drugs and accelerate refills. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 562.007, Occupations Code, is amended to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | Sec. 562.007. REFILLS. Except as provided by Section |
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| 16 | 16 | | 562.0545, a [A] properly authorized prescription refill shall |
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| 17 | 17 | | follow the original dispensing instruction unless otherwise |
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| 18 | 18 | | indicated by the practitioner or the practitioner's agent. |
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| 19 | 19 | | SECTION 2. Subchapter B, Chapter 562, Occupations Code, is |
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| 20 | 20 | | amended by adding Section 562.0545 to read as follows: |
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| 21 | 21 | | Sec. 562.0545. 90-DAY SUPPLY AND ACCELERATED REFILLS. A |
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| 22 | 22 | | pharmacist may dispense up to a 90-day supply of a dangerous drug |
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| 23 | 23 | | pursuant to a valid prescription that specifies the dispensing of a |
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| 24 | 24 | | lesser amount followed by periodic refills of that amount if: |
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| 25 | 25 | | (1) the total quantity of dosage units dispensed does |
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| 26 | 26 | | not exceed the total quantity of dosage units authorized by the |
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| 27 | 27 | | prescriber on the original prescription, including refills; |
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| 28 | 28 | | (2) the patient consents to the dispensing of up to a |
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| 29 | 29 | | 90-day supply and the physician has been notified electronically or |
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| 30 | 30 | | by telephone; |
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| 31 | 31 | | (3) the physician has not specified on the |
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| 32 | 32 | | prescription that dispensing the prescription in an initial amount |
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| 33 | 33 | | followed by periodic refills is medically necessary; |
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| 34 | 34 | | (4) the dangerous drug is not a psychotropic drug; and |
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| 35 | 35 | | (5) the patient is at least 18 years of age. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2011. |
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| 37 | 37 | | * * * * * |
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