| 1 | 1 | | 89R5330 AND-F |
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| 2 | 2 | | By: Campbell S.B. No. 2013 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the dispensing of certain drugs by physicians |
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| 10 | 10 | | specializing in ophthalmology. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 157.002(f), Occupations Code, is amended |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | (f) Subsections (b) and (c) do not authorize a physician or |
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| 15 | 15 | | a person acting under the supervision of a physician to keep a |
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| 16 | 16 | | pharmacy, advertised or otherwise, for the retail sale of dangerous |
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| 17 | 17 | | drugs, other than as authorized under Section 158.003 or 158.004, |
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| 18 | 18 | | without complying with the applicable laws relating to the |
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| 19 | 19 | | dangerous drugs. |
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| 20 | 20 | | SECTION 2. Chapter 158, Occupations Code, is amended by |
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| 21 | 21 | | adding Section 158.004 to read as follows: |
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| 22 | 22 | | Sec. 158.004. DISPENSING OF CERTAIN OPHTHALMIC DRUGS. (a) |
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| 23 | 23 | | In this section, "dangerous drug" and "dispense" have the meanings |
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| 24 | 24 | | assigned to those terms by Section 483.001, Health and Safety Code. |
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| 25 | 25 | | (b) A physician specializing in ophthalmology may dispense |
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| 26 | 26 | | nonsystemic dangerous drugs to the physician's patients for |
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| 27 | 27 | | ophthalmic use in drop or ointment form. |
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| 28 | 28 | | (c) A physician may charge and receive reimbursement for |
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| 29 | 29 | | stocking, storing, and labeling a drug dispensed under Subsection |
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| 30 | 30 | | (b) without obtaining a license under Chapter 558. |
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| 31 | 31 | | (d) A physician who dispenses drugs under Subsection (b) |
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| 32 | 32 | | shall: |
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| 33 | 33 | | (1) comply with each labeling provision under Subtitle |
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| 34 | 34 | | J applicable to that class of drugs; and |
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| 35 | 35 | | (2) ensure compliance with packaging and |
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| 36 | 36 | | recordkeeping provisions applicable to that class of drugs. |
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| 37 | 37 | | SECTION 3. Section 551.004(b), Occupations Code, is amended |
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| 38 | 38 | | to read as follows: |
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| 39 | 39 | | (b) This subtitle does not prevent a practitioner from: |
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| 40 | 40 | | (1) administering a drug to a patient of the |
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| 41 | 41 | | practitioner; or |
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| 42 | 42 | | (2) dispensing dangerous drugs to a patient as |
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| 43 | 43 | | provided by Section 158.004. |
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| 44 | 44 | | SECTION 4. Section 563.051(d), Occupations Code, is amended |
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| 45 | 45 | | to read as follows: |
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| 46 | 46 | | (d) This section does not authorize a physician or a person |
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| 47 | 47 | | acting under the supervision of a physician to keep a pharmacy, |
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| 48 | 48 | | advertised or otherwise, for the retail sale of dangerous drugs, |
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| 49 | 49 | | other than as authorized under Section 158.003 or 158.004, without |
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| 50 | 50 | | complying with the applicable laws relating to the dangerous drugs. |
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| 51 | 51 | | SECTION 5. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect September 1, 2025. |
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