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89(R) HB 4539 - Engrossed version - Bill Text
89R18389 AND-F
By: Johnson, Frank, VanDeaver, Bonnen,
H.B. No. 4539
Howard
A BILL TO BE ENTITLED
AN ACT
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.