TITLE: Relating to the dispensing of certain drugs by physicians.

SUMMARY: Relating to the dispensing of certain drugs by physicians.

FULL TEXT:
AN ACT relating to the dispensing of certain drugs by physicians. 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 158.001(b) [158.003],without complying with the applicable laws relating to the dangerous drugs. SECTION 2. Section 158.001, Occupations Code, is amended by amending Subsections (a) and (b) and adding Subsection (a-1) to read as follows: (a) In this section, "dangerous drug" has the meaning assigned by Section 483.001, Health and Safety Code. (a-1) A physician licensed under this subtitle may supply a patient with any drug, remedy, or clinical supply necessary to meet the patient's immediate needs. (b) A physician may dispense dangerous drugs to the physician's patients and charge the patients for the drugs [This section does not permit a physician to operate a retail pharmacy] without complying with Chapter 558. 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) supplying dangerous drugs to a patient as provided by Section 158.001(b).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 158.001(b) [158.003],without complying with the applicable laws relating to the dangerous drugs. SECTION 5. The following provisions of the Occupations Code are repealed: (1) Section 158.003; and (2) Section 563.053. SECTION 6. 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.