| 1 | 1 | | 85R496 NC-D |
|---|
| 2 | 2 | | By: Burton S.B. No. 1818 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the dispensing of certain drugs by physicians. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 157.002(f), Occupations Code, is amended |
|---|
| 10 | 10 | | to read as follows: |
|---|
| 11 | 11 | | (f) Subsections (b) and (c) do not authorize a physician or |
|---|
| 12 | 12 | | a person acting under the supervision of a physician to keep a |
|---|
| 13 | 13 | | pharmacy, advertised or otherwise, for the retail sale of dangerous |
|---|
| 14 | 14 | | drugs, other than as authorized under Section 158.001(b) [158.003], |
|---|
| 15 | 15 | | without complying with the applicable laws relating to the |
|---|
| 16 | 16 | | dangerous drugs. |
|---|
| 17 | 17 | | SECTION 2. Section 158.001(b), Occupations Code, is amended |
|---|
| 18 | 18 | | to read as follows: |
|---|
| 19 | 19 | | (b) A physician may dispense dangerous drugs to the |
|---|
| 20 | 20 | | physician's patients and charge the patients for the drugs [This |
|---|
| 21 | 21 | | section does not permit a physician to operate a retail pharmacy] |
|---|
| 22 | 22 | | without complying with Chapter 558. |
|---|
| 23 | 23 | | SECTION 3. Section 551.004(b), Occupations Code, is amended |
|---|
| 24 | 24 | | to read as follows: |
|---|
| 25 | 25 | | (b) This subtitle does not prevent a practitioner from: |
|---|
| 26 | 26 | | (1) administering a drug to a patient of the |
|---|
| 27 | 27 | | practitioner; or |
|---|
| 28 | 28 | | (2) supplying dangerous drugs to a patient as provided |
|---|
| 29 | 29 | | by Section 158.001(b). |
|---|
| 30 | 30 | | SECTION 4. Section 563.051(d), Occupations Code, is amended |
|---|
| 31 | 31 | | to read as follows: |
|---|
| 32 | 32 | | (d) This section does not authorize a physician or a person |
|---|
| 33 | 33 | | acting under the supervision of a physician to keep a pharmacy, |
|---|
| 34 | 34 | | advertised or otherwise, for the retail sale of dangerous drugs, |
|---|
| 35 | 35 | | other than as authorized under Section 158.001(b) [158.003], |
|---|
| 36 | 36 | | without complying with the applicable laws relating to the |
|---|
| 37 | 37 | | dangerous drugs. |
|---|
| 38 | 38 | | SECTION 5. Section 158.003, Occupations Code, is repealed. |
|---|
| 39 | 39 | | SECTION 6. This Act takes effect immediately if it receives |
|---|
| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 43 | 43 | | Act takes effect September 1, 2017. |
|---|