Texas House Bill HB1240

Texas 2023 - 88th Regular

• Filed: 1/9/23
• Out of House Committee: 5/5/23

Caption

Relating to the authority of a physician to provide and dispense and to delegate authority to provide and dispense certain drugs.

Impact

If enacted, HB 1240 would amend existing laws regarding how medications can be dispensed and could impact both patient care and pharmacy operations in Texas. The bill is expected to streamline the process for patients, particularly in rural areas where access to pharmacies may be limited. It could enable quicker treatment for patients by allowing physicians to provide necessary medications on-site. However, the bill also raises concerns about maintaining patient safety and ensuring that medications are dispensed correctly, a role traditionally fulfilled by pharmacists.

Summary

House Bill 1240 relates to the authority of physicians in Texas to provide and dispense certain drugs directly to their patients. The bill stipulates that physicians can dispense dangerous drugs in office settings and allows them to delegate this authority under specific guidelines. This legislation modifies several sections of the Occupations Code to clarify the responsibilities and requirements for physicians engaging in the dispensing of medications, thus potentially enhancing patient care by allowing immediate access to required drugs without the need for a pharmacy visit.

Sentiment

The reactions to HB 1240 are mixed. Supporters, including some physicians, argue that the bill improves patient access to medications and makes healthcare delivery more efficient. They believe it aligns Texas with other states that already permit such practices. In contrast, opponents, primarily from the pharmacy sector, warn that allowing physicians to dispense medications could jeopardize patient safety and undermine the critical role that pharmacists play in ensuring safe dispensing. The debate reflects broader concerns about the delineation of responsibilities within healthcare and the potential risks of altering current regulations.

Contention

The main points of contention surrounding HB 1240 center on the balance between accessibility to healthcare and the safeguarding of medication dispensing practices. Critics fear that without proper checks and balances, the bill could lead to unsafe practices and reduced oversight of pharmaceutical dispensing. Some healthcare professionals advocate for a shared responsibility model, where both physicians and pharmacists collaborate to ensure the best outcomes for patients, while others strongly support the bill as a necessary step towards modernizing Texas healthcare.

Texas Constitutional Statutes Affected

Occupations Code

• Chapter 1. General Provisions
  • Section: New Section

• Chapter 157. Authority Of Physician To Delegate Certain Medical Acts
  • Section: 002
  • Section: 002

• Chapter 158. Authority Of Physician To Provide Certain Drugs And Supplies
  • Section: New Section
  • Section: 003
  • Section: 003
  • Section: New Section

• Chapter 563. Prescription Requirements; Delegation Of Administration And Provision Of Dangerous Drugs
  • Section: New Section
  • Section: New Section

• Chapter 551. General Provisions
  • Section: 003

• Chapter 558. License To Practice Pharmacy
  • Section: 001
  • Section: 001

• Chapter 151. General Provisions
  • Section: New Section