| 1 | 1 | | 84R7913 TSR-F |
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| 2 | 2 | | By: Crownover H.B. No. 3246 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of a pharmacist to dispense and deliver |
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| 8 | 8 | | tobacco cessation drugs. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 554, Occupations Code, is |
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| 11 | 11 | | amended by adding Section 554.058 to read as follows: |
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| 12 | 12 | | Sec. 554.058. RULEMAKING; TOBACCO CESSATION DRUGS. The |
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| 13 | 13 | | board, with the advice of the Texas Medical Board, shall adopt rules |
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| 14 | 14 | | governing the procedures and requirements for a pharmacist to |
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| 15 | 15 | | dispense and deliver tobacco cessation drugs under Section 562.016, |
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| 16 | 16 | | including rules governing: |
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| 17 | 17 | | (1) the protocol for dispensing and delivering a |
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| 18 | 18 | | tobacco cessation drug under that section; |
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| 19 | 19 | | (2) the education and training a pharmacist must |
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| 20 | 20 | | complete to dispense and deliver a tobacco cessation drug under |
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| 21 | 21 | | that section; |
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| 22 | 22 | | (3) the specific drugs that may be dispensed and |
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| 23 | 23 | | delivered under that section; |
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| 24 | 24 | | (4) the documentation that a pharmacist must create |
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| 25 | 25 | | and maintain under that section; and |
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| 26 | 26 | | (5) the notification a pharmacist must provide to a |
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| 27 | 27 | | physician designated by the person receiving the tobacco cessation |
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| 28 | 28 | | drug, including procedures for a person receiving the tobacco |
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| 29 | 29 | | cessation drug who does not have an established primary care |
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| 30 | 30 | | physician. |
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| 31 | 31 | | SECTION 2. Subchapter A, Chapter 562, Occupations Code, is |
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| 32 | 32 | | amended by adding Section 562.016 to read as follows: |
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| 33 | 33 | | Sec. 562.016. AUTHORITY TO DISPENSE AND DELIVER CERTAIN |
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| 34 | 34 | | MEDICATIONS. (a) In this section, "tobacco cessation drug" means a |
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| 35 | 35 | | prescription drug approved by the United States Food and Drug |
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| 36 | 36 | | Administration for use in the treatment of nicotine or smoking |
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| 37 | 37 | | addiction. |
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| 38 | 38 | | (b) Notwithstanding any other law, a pharmacist may |
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| 39 | 39 | | dispense and deliver, without a prescription drug order, a tobacco |
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| 40 | 40 | | cessation drug to an individual who uses tobacco. |
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| 41 | 41 | | (c) A pharmacist may charge a fee for providing a |
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| 42 | 42 | | professional service under this section in addition to a fee |
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| 43 | 43 | | charged for dispensing a drug. |
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| 44 | 44 | | SECTION 3. Not later than April 1, 2016, the Texas State |
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| 45 | 45 | | Board of Pharmacy, with the advice of the Texas Medical Board, shall |
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| 46 | 46 | | adopt the rules required by Section 554.058, Occupations Code, as |
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| 47 | 47 | | added by this Act. |
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| 48 | 48 | | SECTION 4. (a) Except as provided by Subsection (b) of this |
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| 49 | 49 | | section, this Act takes effect September 1, 2015. |
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| 50 | 50 | | (b) Section 562.016, Occupations Code, as added by this Act, |
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| 51 | 51 | | takes effect April 1, 2016. |
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