Bill Text: TX HB1622 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the authority of a physician to provide and dispense and to delegate authority to provide and dispense certain drugs.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2019-04-17 - Left pending in committee [HB1622 Detail]
Download: Texas-2019-HB1622-Introduced.html
86R6080 BEE-F | ||
By: Oliverson | H.B. No. 1622 |
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relating to the authority of a physician to provide and dispense and | ||
to delegate authority to provide and dispense certain drugs. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 151.002, Occupations Code, is amended by | ||
adding Subdivisions (3-a) and (13-a) to read as follows: | ||
(3-a) "Dispense" has the meaning assigned by Section | ||
551.003. | ||
(13-a) "Provision" means the supply of one or more | ||
unit doses of a drug, medicine, or dangerous drug. | ||
SECTION 2. The heading to Section 157.002, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 157.002. GENERAL DELEGATION OF ADMINISTRATION, [ |
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PROVISION, AND DISPENSING OF DANGEROUS DRUGS. | ||
SECTION 3. Sections 157.002(a), (b), (e), and (g), | ||
Occupations Code, are amended to read as follows: | ||
(a) In this section, "administering" [ |
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a drug to the body of a patient by injection, inhalation, ingestion, | ||
or any other means. | ||
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(b) A physician may delegate to any qualified and properly | ||
trained person acting under the physician's supervision the act of | ||
administering [ |
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office, as ordered by the physician, that are used or required to | ||
meet the immediate needs of the physician's patients or the act of | ||
providing or dispensing dangerous drugs in the physician's office, | ||
as ordered by the physician, to the physician's patients. The | ||
administration, [ |
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drugs must be performed in compliance with laws relating to the | ||
practice of medicine and state and federal laws relating to those | ||
dangerous drugs. | ||
(e) The administration, [ |
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the drugs may be delegated through a physician's order, a standing | ||
medical order, a standing delegation order, or another order | ||
defined by the board. | ||
(g) A drug or medicine provided or dispensed under | ||
Subsection (b) or (c) must be supplied in a suitable container | ||
labeled in compliance with applicable drug laws. A qualified and | ||
trained person, acting under the supervision of a physician, may | ||
specify at the time of the provision or dispensing of the drug the | ||
inclusion on the container of the date of the provision or | ||
dispensing and the patient's name and address. | ||
SECTION 4. The heading to Chapter 158, Occupations Code, is | ||
amended to read as follows: | ||
CHAPTER 158. AUTHORITY OF PHYSICIAN TO PROVIDE OR DISPENSE CERTAIN | ||
DRUGS AND SUPPLIES | ||
SECTION 5. Sections 158.001(a) and (c), Occupations Code, | ||
are amended to read as follows: | ||
(a) A physician licensed under this subtitle may provide | ||
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necessary to meet the patient's immediate needs. | ||
(c) This chapter does not prohibit a physician from | ||
providing [ |
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to the physician by a drug manufacturer for an indigent | ||
pharmaceutical program if, in the physician's opinion, it is | ||
advantageous to the patient, in adhering to a course of treatment | ||
prescribed by the physician, to receive the drug. | ||
SECTION 6. Section 158.002(a), Occupations Code, is amended | ||
to read as follows: | ||
(a) This chapter does not prohibit a physician from | ||
providing [ |
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charge if, in the physician's opinion, it is advantageous to the | ||
patient, in adhering to a course of treatment prescribed by the | ||
physician, to receive the sample. | ||
SECTION 7. Section 158.003, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 158.003. PROVISION AND DISPENSING OF DANGEROUS DRUGS | ||
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cost" means an additional charge, separate from that imposed for | ||
the physician's professional services, that includes the cost of | ||
the drug product and all other actual costs to the physician | ||
incidental to providing the dispensing service. The term does not | ||
include a separate fee imposed for the act of dispensing the drug | ||
itself. | ||
(b) [ |
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(1) provide or dispense [ |
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dangerous drugs in the physician's office to [ |
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(2) be reimbursed for the cost of providing or | ||
dispensing [ |
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under Chapter 558. | ||
(c) A physician may not provide or dispense under this | ||
section a controlled substance listed in Schedules II through V as | ||
established under Subchapter B, Chapter 481, Health and Safety | ||
Code. | ||
(d) A physician who provides or dispenses dangerous drugs | ||
under this section [ |
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and federal law relating to those dangerous [ |
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(e) Before providing or dispensing dangerous drugs under | ||
this section, a physician must notify the patient that the | ||
prescription for the dangerous drug may be filled at a pharmacy. | ||
The notification requirement of this subsection may be satisfied by | ||
a written notice placed conspicuously in the physician's office. | ||
(f) Not later than the 30th day after the date a physician | ||
first provides or dispenses [ |
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notify both the Texas State Board of Pharmacy and the board that the | ||
physician is providing or dispensing dangerous drugs under this | ||
section. The Texas State Board of Pharmacy and the board shall | ||
jointly adopt a form by which a physician may provide notification | ||
as required by this subsection [ |
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(g) A physician who notifies the board under Subsection (f) | ||
that the physician is providing or dispensing dangerous drugs under | ||
this section and who intends to continue to provide or dispense | ||
dangerous drugs under this section shall include notice of that | ||
intent in any subsequent registration permit renewal application | ||
submitted to the board. The board by rule shall prescribe the form | ||
of a registration permit renewal application in accordance with | ||
this subsection. | ||
SECTION 8. Section 551.003(31), Occupations Code, is | ||
amended to read as follows: | ||
(31) "Pharmacy" means a facility at which a | ||
prescription drug or medication order is received, processed, or | ||
dispensed under this subtitle, Chapter 481 or 483, Health and | ||
Safety Code, or the Comprehensive Drug Abuse Prevention and Control | ||
Act of 1970 (21 U.S.C. Section 801 et seq.). The term does not | ||
include: | ||
(A) a narcotic drug treatment program that is | ||
regulated under Chapter 466, Health and Safety Code; or | ||
(B) a physician's office in which a dangerous | ||
drug is provided or dispensed under Section 158.003. | ||
SECTION 9. Section 551.004, Occupations Code, is amended by | ||
adding Subsection (a-1) and amending Subsection (b) to read as | ||
follows: | ||
(a-1) For purposes of Subsection (a)(1), "retailing of | ||
prescription drugs" does not include the collection of a | ||
reimbursement for cost as defined by Section 158.003(a). | ||
(b) This subtitle does not prevent a practitioner from: | ||
(1) administering a drug to a patient of the | ||
practitioner; or | ||
(2) providing or dispensing dangerous drugs under | ||
Section 158.003. | ||
SECTION 10. Section 558.001, Occupations Code, is amended | ||
by amending Subsection (c) and adding Subsection (d) to read as | ||
follows: | ||
(c) Except as provided by Subsection (d), a [ |
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not dispense or distribute prescription drugs unless the person: | ||
(1) is a pharmacist; or | ||
(2) is otherwise authorized by this subtitle to | ||
dispense or distribute prescription drugs. | ||
(d) A physician or person acting under the physician's | ||
supervision may provide or dispense dangerous drugs in accordance | ||
with Section 157.002(b) or 158.003. | ||
SECTION 11. The heading to Chapter 563, Occupations Code, | ||
is amended to read as follows: | ||
CHAPTER 563. [ |
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ADMINISTRATION, [ |
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SECTION 12. Sections 563.051(a) and (c), Occupations Code, | ||
are amended to read as follows: | ||
(a) A physician may delegate to any qualified and properly | ||
trained person acting under the physician's supervision the act of | ||
administering [ |
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office, as ordered by the physician, that are used or required to | ||
meet the immediate needs of the physician's patients or the act of | ||
providing or dispensing dangerous drugs in the physician's office, | ||
as ordered by the physician, to the physician's patients. The | ||
administration, [ |
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drugs must be performed in compliance with laws relating to the | ||
practice of medicine and state and federal laws relating to those | ||
dangerous drugs. | ||
(c) The administration, [ |
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the drugs may be delegated through a physician's order, a standing | ||
medical order, a standing delegation order, or another order | ||
defined by the Texas Medical [ |
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SECTION 13. Section 563.052, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 563.052. SUITABLE CONTAINER REQUIRED. A drug or | ||
medicine provided or dispensed under this subchapter must be | ||
provided or dispensed [ |
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compliance with applicable drug laws. A qualified and trained | ||
person, acting under the supervision of a physician, may specify at | ||
the time of the provision or dispensing of the drug the inclusion on | ||
the container of the date of the provision or dispensing and the | ||
patient's name and address. | ||
SECTION 14. (a) The heading to Subchapter B, Chapter 563, | ||
Occupations Code, is repealed. | ||
(b) Section 563.053, Occupations Code, is repealed. | ||
SECTION 15. This Act takes effect September 1, 2019. |