Bill Text: TX HB4539 | 2025-2026 | 89th Legislature | Engrossed
Bill Title: Relating to the dispensing of certain drugs by physicians specializing in ophthalmology.
Sponsorship: Bipartisan Bill
Status: (Engrossed - Dead) 2025-05-16 - Referred to Health & Human Services [HB4539 Detail]
Download: Texas-2025-HB4539-Engrossed.html
| 89R18389 AND-F | ||
| By: Johnson, Frank, VanDeaver, Bonnen, | H.B. No. 4539 | |
| Howard | ||
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| relating to the dispensing of certain drugs by physicians | ||
| specializing in ophthalmology. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 157.002(f), Occupations Code, is amended | ||
| to read as follows: | ||
| (f) Subsections (b) and (c) do not authorize a physician or | ||
| a person acting under the supervision of a physician to keep a | ||
| pharmacy, advertised or otherwise, for the retail sale of dangerous | ||
| drugs, other than as authorized under Section 158.003 or 158.004, | ||
| without complying with the applicable laws relating to the | ||
| dangerous drugs. | ||
| SECTION 2. Chapter 158, Occupations Code, is amended by | ||
| adding Section 158.004 to read as follows: | ||
| Sec. 158.004. DISPENSING OF CERTAIN OPHTHALMIC DRUGS. (a) | ||
| In this section, "dangerous drug" and "dispense" have the meanings | ||
| assigned to those terms by Section 483.001, Health and Safety Code. | ||
| (b) A physician specializing in ophthalmology may dispense | ||
| to the physician's patients commercially sealed and packaged | ||
| nonsystemic dangerous drugs in drop or ointment form for initial, | ||
| post-examination, post-procedural, or emergent ophthalmic | ||
| treatment. | ||
| (c) A physician may charge and receive reimbursement for | ||
| stocking, storing, and labeling a drug dispensed under Subsection | ||
| (b) without obtaining a license under Chapter 558. | ||
| (d) A physician who dispenses drugs under Subsection (b) | ||
| shall: | ||
| (1) comply with each labeling provision under Subtitle | ||
| J applicable to that class of drugs; and | ||
| (2) ensure compliance with packaging and | ||
| recordkeeping provisions applicable to that class of drugs. | ||
| SECTION 3. Section 551.004(b), Occupations Code, is amended | ||
| to read as follows: | ||
| (b) This subtitle does not prevent a practitioner from: | ||
| (1) administering a drug to a patient of the | ||
| practitioner; or | ||
| (2) dispensing dangerous drugs to a patient as | ||
| provided by Section 158.004. | ||
| SECTION 4. Section 563.051(d), Occupations Code, is amended | ||
| to read as follows: | ||
| (d) This section does not authorize a physician or a person | ||
| acting under the supervision of a physician to keep a pharmacy, | ||
| advertised or otherwise, for the retail sale of dangerous drugs, | ||
| other than as authorized under Section 158.003 or 158.004, without | ||
| complying with the applicable laws relating to the dangerous drugs. | ||
| SECTION 5. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2025. | ||
