| 1 | 1 | | By: Shaheen H.B. No. 1482 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the dispensing of certain drugs by physicians. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 157.002(f), Occupations Code, is amended |
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| 9 | 9 | | to read as follows: |
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| 10 | 10 | | (f) Subsections (b) and (c) do not authorize a physician or |
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| 11 | 11 | | a person acting under the supervision of a physician to keep a |
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| 12 | 12 | | pharmacy, advertised or otherwise, for the retail sale of dangerous |
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| 13 | 13 | | drugs, other than as authorized under Section 158.001(b) [158.003], |
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| 14 | 14 | | without complying with the applicable laws relating to the |
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| 15 | 15 | | dangerous drugs. |
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| 16 | 16 | | SECTION 2. Section 158.001, Occupations Code, is amended by |
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| 17 | 17 | | amending Subsections (a) and (b) and adding Subsections (a-1) and |
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| 18 | 18 | | (d) to read as follows: |
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| 19 | 19 | | (a) In this section, "dangerous drug" has the meaning |
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| 20 | 20 | | assigned by Section 483.001, Health and Safety Code. |
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| 21 | 21 | | (a-1) A physician licensed under this subtitle may supply a |
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| 22 | 22 | | patient with any drug, remedy, or clinical supply necessary to meet |
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| 23 | 23 | | the patient's immediate needs. |
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| 24 | 24 | | (b) A physician may dispense dangerous drugs to the |
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| 25 | 25 | | physician's patients and charge the patients for the drugs [This |
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| 26 | 26 | | section does not permit a physician to operate a retail pharmacy] |
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| 27 | 27 | | without complying with Chapter 558. |
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| 28 | 28 | | (d) Before dispensing a dangerous drug to a patient under |
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| 29 | 29 | | Subsection (b), a physician must disclose to the patient: |
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| 30 | 30 | | (1) the cost of the drug to the physician; and |
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| 31 | 31 | | (2) the price the patient will be charged for the drug |
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| 32 | 32 | | by the physician. |
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| 33 | 33 | | SECTION 3. Section 551.004(b), Occupations Code, is amended |
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| 34 | 34 | | to read as follows: |
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| 35 | 35 | | (b) This subtitle does not prevent a practitioner from: |
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| 36 | 36 | | (1) administering a drug to a patient of the |
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| 37 | 37 | | practitioner; or |
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| 38 | 38 | | (2) supplying dangerous drugs to a patient as provided |
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| 39 | 39 | | by Section 158.001(b). |
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| 40 | 40 | | SECTION 4. Section 563.051(d), Occupations Code, is amended |
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| 41 | 41 | | to read as follows: |
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| 42 | 42 | | (d) This section does not authorize a physician or a person |
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| 43 | 43 | | acting under the supervision of a physician to keep a pharmacy, |
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| 44 | 44 | | advertised or otherwise, for the retail sale of dangerous drugs, |
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| 45 | 45 | | other than as authorized under Section 158.001(b) [158.003], |
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| 46 | 46 | | without complying with the applicable laws relating to the |
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| 47 | 47 | | dangerous drugs. |
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| 48 | 48 | | SECTION 5. Section 158.003, Occupations Code, is repealed. |
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| 49 | 49 | | SECTION 6. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2017. |
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