84R7913 TSR-F
By: Crownover H.B. No. 3246
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a pharmacist to dispense and deliver
tobacco cessation drugs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 554, Occupations Code, is
amended by adding Section 554.058 to read as follows:
Sec. 554.058. RULEMAKING; TOBACCO CESSATION DRUGS. The
board, with the advice of the Texas Medical Board, shall adopt rules
governing the procedures and requirements for a pharmacist to
dispense and deliver tobacco cessation drugs under Section 562.016,
including rules governing:
(1) the protocol for dispensing and delivering a
tobacco cessation drug under that section;
(2) the education and training a pharmacist must
complete to dispense and deliver a tobacco cessation drug under
that section;
(3) the specific drugs that may be dispensed and
delivered under that section;
(4) the documentation that a pharmacist must create
and maintain under that section; and
(5) the notification a pharmacist must provide to a
physician designated by the person receiving the tobacco cessation
drug, including procedures for a person receiving the tobacco
cessation drug who does not have an established primary care
physician.
SECTION 2. Subchapter A, Chapter 562, Occupations Code, is
amended by adding Section 562.016 to read as follows:
Sec. 562.016. AUTHORITY TO DISPENSE AND DELIVER CERTAIN
MEDICATIONS. (a) In this section, "tobacco cessation drug" means a
prescription drug approved by the United States Food and Drug
Administration for use in the treatment of nicotine or smoking
addiction.
(b) Notwithstanding any other law, a pharmacist may
dispense and deliver, without a prescription drug order, a tobacco
cessation drug to an individual who uses tobacco.
(c) A pharmacist may charge a fee for providing a
professional service under this section in addition to a fee
charged for dispensing a drug.
SECTION 3. Not later than April 1, 2016, the Texas State
Board of Pharmacy, with the advice of the Texas Medical Board, shall
adopt the rules required by Section 554.058, Occupations Code, as
added by this Act.
SECTION 4. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2015.
(b) Section 562.016, Occupations Code, as added by this Act,
takes effect April 1, 2016.