| 1 | 1 | | By: Deuell S.B. No. 546 |
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| 2 | 2 | | (In the Senate - Filed February 8, 2011; February 17, 2011, |
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| 3 | 3 | | read first time and referred to Committee on Health and Human |
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| 4 | 4 | | Services; April 21, 2011, reported adversely, with favorable |
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| 5 | 5 | | Committee Substitute by the following vote: Yeas 8, Nays 1; |
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| 6 | 6 | | April 21, 2011, sent to printer.) |
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| 7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 546 By: Deuell |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | relating to the dispensing of certain drugs by physicians. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Subsection (b), Section 158.001, Occupations |
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| 15 | 15 | | Code, is amended to read as follows: |
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| 16 | 16 | | (b) A physician may dispense dangerous drugs to the |
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| 17 | 17 | | physician's patients and charge the patients a reasonable fee for |
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| 18 | 18 | | dispensing the drugs [This section does not permit a physician to |
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| 19 | 19 | | operate a retail pharmacy] without complying with Chapter 558. |
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| 20 | 20 | | Before dispensing a dangerous drug, the physician must notify the |
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| 21 | 21 | | patient that the prescription for the dangerous drug may be filled |
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| 22 | 22 | | at a pharmacy. The board shall adopt rules to establish a procedure |
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| 23 | 23 | | for the dispensing of dangerous drugs by a physician. |
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| 24 | 24 | | SECTION 2. Subsection (b), Section 551.004, Occupations |
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| 25 | 25 | | Code, is amended to read as follows: |
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| 26 | 26 | | (b) This subtitle does not prevent a practitioner from: |
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| 27 | 27 | | (1) administering a drug to a patient of the |
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| 28 | 28 | | practitioner; or |
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| 29 | 29 | | (2) supplying dangerous drugs to a patient as provided |
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| 30 | 30 | | by Section 158.001(b). |
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| 31 | 31 | | SECTION 3. Section 158.003, Occupations Code, is repealed. |
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| 32 | 32 | | SECTION 4. (a) The Texas Medical Board shall adopt rules |
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| 33 | 33 | | to implement Subsection (b), Section 158.001, Occupations Code, as |
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| 34 | 34 | | amended by this Act, not later than December 1, 2011. |
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| 35 | 35 | | (b) The changes in law made by this Act apply to the |
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| 36 | 36 | | dispensing of a dangerous drug by a physician on or after December |
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| 37 | 37 | | 1, 2011. The dispensing of a dangerous drug before December 1, |
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| 38 | 38 | | 2011, is governed by the law in effect at the time the drug was |
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| 39 | 39 | | dispensed, and the former law is continued in effect for that |
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| 40 | 40 | | purpose. |
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| 41 | 41 | | SECTION 5. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2011. |
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| 46 | 46 | | * * * * * |
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