Texas 2025 - 89th Regular

Texas House Bill HB3878 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R12578 BEE-F
2	2	By: Pierson H.B. No. 3878
3	3
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5	5
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of a physician to provide and dispense and
10	10	to delegate authority to provide and dispense certain drugs.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 151.002, Occupations Code, is amended by
13	13	adding Subdivisions (3-a) and (13-a) to read as follows:
14	14	(3-a) "Dispense" has the meaning assigned by Section
15	15	551.003.
16	16	(13-a) "Provision" means the supply of one or more
17	17	unit doses of a drug, medicine, or dangerous drug.
18	18	SECTION 2. The heading to Section 157.002, Occupations
19	19	Code, is amended to read as follows:
20	20	Sec. 157.002. GENERAL DELEGATION OF ADMINISTRATION, [AND]
21	21	PROVISION, AND DISPENSING OF DANGEROUS DRUGS.
22	22	SECTION 3. Sections 157.002(a), (b), (e), and (g),
23	23	Occupations Code, are amended to read as follows:
24	24	(a) In this section, "administering" [:
25	25	[(1) "Administering"] means the direct application of
26	26	a drug to the body of a patient by injection, inhalation, ingestion,
27	27	or any other means.
28	28	[(2) "Provision" means the supply of one or more unit
29	29	doses of a drug, medicine, or dangerous drug.]
30	30	(b) A physician may delegate to any qualified and properly
31	31	trained person acting under the physician's supervision the act of
32	32	administering [or providing] dangerous drugs in the physician's
33	33	office, as ordered by the physician, that are used or required to
34	34	meet the immediate needs of the physician's patients or the act of
35	35	providing or dispensing dangerous drugs as ordered by the physician
36	36	to the physician's patients. The administration, [or] provision,
37	37	or dispensing of the dangerous drugs must be performed in
38	38	compliance with laws relating to the practice of medicine and state
39	39	and federal laws relating to those dangerous drugs.
40	40	(e) The administration, [or] provision, or dispensing of
41	41	the drugs may be delegated through a physician's order, a standing
42	42	medical order, a standing delegation order, or another order
43	43	defined by the board.
44	44	(g) A drug or medicine provided or dispensed under
45	45	Subsection (b) or (c) must be supplied in a suitable container
46	46	labeled in compliance with applicable drug laws. A qualified and
47	47	trained person, acting under the supervision of a physician, may
48	48	specify at the time of the provision or dispensing of the drug the
49	49	inclusion on the container of the date of the provision or
50	50	dispensing and the patient's name and address.
51	51	SECTION 4. The heading to Chapter 158, Occupations Code, is
52	52	amended to read as follows:
53	53	CHAPTER 158. AUTHORITY OF PHYSICIAN TO PROVIDE OR DISPENSE CERTAIN
54	54	DRUGS AND SUPPLIES
55	55	SECTION 5. Sections 158.001(a) and (c), Occupations Code,
56	56	are amended to read as follows:
57	57	(a) A physician licensed under this subtitle may provide
58	58	[supply] a patient with any drug, remedy, or clinical supply
59	59	necessary to meet the patient's immediate needs.
60	60	(c) This chapter does not prohibit a physician from
61	61	providing [supplying] to a patient, free of charge, a drug provided
62	62	to the physician by a drug manufacturer for an indigent
63	63	pharmaceutical program if, in the physician's opinion, it is
64	64	advantageous to the patient, in adhering to a course of treatment
65	65	prescribed by the physician, to receive the drug.
66	66	SECTION 6. Section 158.002(a), Occupations Code, is amended
67	67	to read as follows:
68	68	(a) This chapter does not prohibit a physician from
69	69	providing [supplying] a pharmaceutical sample to a patient free of
70	70	charge if, in the physician's opinion, it is advantageous to the
71	71	patient, in adhering to a course of treatment prescribed by the
72	72	physician, to receive the sample.
73	73	SECTION 7. The heading to Section 158.003, Occupations
74	74	Code, is amended to read as follows:
75	75	Sec. 158.003. DISPENSING OF DANGEROUS DRUGS TO CERTAIN
76	76	PATIENTS IN CERTAIN RURAL AREAS.
77	77	SECTION 8. Section 158.003, Occupations Code, is amended by
78	78	adding Subsection (a-1) to read as follows:
79	79	(a-1) This section applies only to a physician providing
80	80	care under workers' compensation insurance coverage, as defined by
81	81	Section 401.011, Labor Code.
82	82	SECTION 9. Chapter 158, Occupations Code, is amended by
83	83	adding Section 158.004 to read as follows:
84	84	Sec. 158.004. DISPENSING OF DANGEROUS DRUGS. (a) In this
85	85	section, "reimbursement for cost" means an additional charge,
86	86	separate from that imposed for the physician's professional
87	87	services, that includes the cost of a drug product and all other
88	88	actual costs to the physician incidental to providing the
89	89	dispensing service. The term does not include a separate fee
90	90	imposed for the act of dispensing a drug itself.
91	91	(b) This section does not apply to a dangerous drug produced
92	92	by compounding as defined by Section 551.003.
93	93	(c) A physician may:
94	94	(1) maintain a supply of dangerous drugs in the
95	95	physician's office to be dispensed in the course of treating the
96	96	physician's patients; and
97	97	(2) be reimbursed for the cost of dispensing those
98	98	drugs without obtaining a license under Chapter 558.
99	99	(d) A drug dispensed under this section must be:
100	100	(1) necessary for the treatment of the condition for
101	101	which the physician is treating the patient; and
102	102	(2) received by the patient at the physician's
103	103	practice location.
104	104	(e) A physician who dispenses dangerous drugs under this
105	105	section shall:
106	106	(1) comply with each labeling and packaging
107	107	requirement of Subtitle J applicable to that class of drug;
108	108	(2) oversee compliance with each recordkeeping,
109	109	storage, and maintenance requirement of Subtitle J applicable to
110	110	that class of drug;
111	111	(3) comply with patient counseling requirements under
112	112	Subtitle J;
113	113	(4) provide written information to the patient about
114	114	the drug being dispensed in accordance with Subtitle J; and
115	115	(5) verify the accuracy of each act, task, and
116	116	function performed in the preparation of the drug before delivery
117	117	of the drug to the patient, including the final check of the product
118	118	and any related requirement of Subtitle J.
119	119	(f) The board shall adopt rules as necessary to ensure that
120	120	the requirements of Subsection (e) are enforced in substantially
121	121	the same manner that the Texas State Board of Pharmacy enforces the
122	122	relevant provisions of Subtitle J applicable to Class A pharmacies
123	123	and rules adopted under that subtitle.
124	124	(g) A physician who desires to dispense dangerous drugs
125	125	under this section shall notify the Texas State Board of Pharmacy
126	126	and the board that the physician is dispensing dangerous drugs
127	127	under this section. The Texas State Board of Pharmacy and the board
128	128	shall jointly adopt a form by which a physician may provide
129	129	notification as required by this subsection.
130	130	(h) This section does not permit a physician to operate a
131	131	retail pharmacy without complying with Chapter 558.
132	132	SECTION 10. Section 551.003(31), Occupations Code, is
133	133	amended to read as follows:
134	134	(31) "Pharmacy" means a facility at which a
135	135	prescription drug or medication order is received, processed, or
136	136	dispensed under this subtitle, Chapter 481 or 483, Health and
137	137	Safety Code, or the Comprehensive Drug Abuse Prevention and Control
138	138	Act of 1970 (21 U.S.C. Section 801 et seq.). The term does not
139	139	include:
140	140	(A) a narcotic drug treatment program that is
141	141	regulated under Chapter 466, Health and Safety Code; or
142	142	(B) a location where:
143	143	(i) a physician dispenses a dangerous drug
144	144	under Section 158.003 or 158.004; or
145	145	(ii) a person provides or dispenses a
146	146	dangerous drug under a physician's supervision in accordance with
147	147	Section 157.002(b).
148	148	SECTION 11. Section 551.004, Occupations Code, is amended
149	149	by adding Subsection (a-1) and amending Subsection (b) to read as
150	150	follows:
151	151	(a-1) For purposes of Subsection (a)(1), "retailing of
152	152	prescription drugs" does not include the collection of a
153	153	reimbursement for cost, as defined by Section 158.003(a) or
154	154	158.004(a).
155	155	(b) This subtitle does not prevent:
156	156	(1) a practitioner from:
157	157	(A) administering a drug to a patient of the
158	158	practitioner; or
159	159	(B) dispensing dangerous drugs under Section
160	160	158.003 or 158.004; or
161	161	(2) a person from providing or dispensing a dangerous
162	162	drug under a physician's supervision in accordance with Section
163	163	157.002(b).
164	164	SECTION 12. Section 558.001, Occupations Code, is amended
165	165	by amending Subsection (c) and adding Subsection (d) to read as
166	166	follows:
167	167	(c) Except as provided by Subsection (d), a [A] person may
168	168	not dispense or distribute prescription drugs unless the person:
169	169	(1) is a pharmacist; or
170	170	(2) is otherwise authorized by this subtitle to
171	171	dispense or distribute prescription drugs.
172	172	(d) A physician or person acting under the physician's
173	173	supervision may provide or dispense dangerous drugs in accordance
174	174	with Section 157.002(b), 158.003, or 158.004.
175	175	SECTION 13. The heading to Chapter 563, Occupations Code,
176	176	is amended to read as follows:
177	177	CHAPTER 563. [PRESCRIPTION REQUIREMENTS;] DELEGATION OF
178	178	ADMINISTRATION, [AND] PROVISION, AND DISPENSING OF DANGEROUS DRUGS
179	179	SECTION 14. Sections 563.051(a) and (c), Occupations Code,
180	180	are amended to read as follows:
181	181	(a) A physician may delegate to any qualified and properly
182	182	trained person acting under the physician's supervision the act of
183	183	administering [or providing] dangerous drugs in the physician's
184	184	office, as ordered by the physician, that are used or required to
185	185	meet the immediate needs of the physician's patients or the act of
186	186	providing or dispensing dangerous drugs, as ordered by the
187	187	physician, to the physician's patients. The administration, [or]
188	188	provision, or dispensing of the dangerous drugs must be performed
189	189	in compliance with laws relating to the practice of medicine and
190	190	state and federal laws relating to those dangerous drugs.
191	191	(c) The administration, [or] provision, or dispensing of
192	192	the drugs may be delegated through a physician's order, a standing
193	193	medical order, a standing delegation order, or another order
194	194	defined by the Texas Medical [State] Board [of Medical Examiners].
195	195	SECTION 15. Section 563.052, Occupations Code, is amended
196	196	to read as follows:
197	197	Sec. 563.052. SUITABLE CONTAINER REQUIRED. A drug or
198	198	medicine provided or dispensed under this subchapter must be
199	199	provided or dispensed [supplied] in a suitable container labeled in
200	200	compliance with applicable drug laws. A qualified and trained
201	201	person, acting under the supervision of a physician, may specify at
202	202	the time of the provision or dispensing of the drug the inclusion on
203	203	the container of the date of the provision or dispensing and the
204	204	patient's name and address.
205	205	SECTION 16. The heading to Section 563.053, Occupations
206	206	Code, is amended to read as follows:
207	207	Sec. 563.053. DISPENSING OF DANGEROUS DRUGS TO CERTAIN
208	208	PATIENTS IN CERTAIN RURAL AREAS.
209	209	SECTION 17. Section 563.053, Occupations Code, is amended
210	210	by adding Subsection (a-1) to read as follows:
211	211	(a-1) This section applies only to a physician providing
212	212	care under workers' compensation insurance coverage, as defined by
213	213	Section 401.011, Labor Code.
214	214	SECTION 18. The heading to Subchapter B, Chapter 563,
215	215	Occupations Code, is repealed.
216	216	SECTION 19. This Act takes effect September 1, 2025.