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Highlights of the 79th Texas Legislature - Senate

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HEALTH AND HUMAN SERVICES/REGULATORY<br />

Authorizes <strong>the</strong> TSBP representative, except as o<strong>the</strong>rwise provided in an inspection warrant, to inspect, within<br />

reasonable limits and in a reasonable manner, a facility's storage, equipment, security, prescription drugs or devices,<br />

components used in compounding, finished and unfinished products, or records or to perform an inventory <strong>of</strong> any<br />

stock <strong>of</strong> prescription drugs or devices, components used in compounding, or finished and unfinished products in a<br />

facility and obtain samples <strong>of</strong> <strong>the</strong>se substances.<br />

Requires a pharmacy, to dispense and deliver a compounded drug, to comply with certain procedures, guidelines,<br />

standards, and board rules.<br />

Provides that a Class A pharmacy licensed under Chapter 560 (Licensing <strong>of</strong> Pharmacies), Occupations Code, is not<br />

required to register or be licensed under Chapter 431 (<strong>Texas</strong> Food, Drug, and Cosmetic Act), Health and Safety<br />

Code, to distribute compounded pharmaceutical products to a Class C pharmacy licensed under Chapter 560,<br />

Occupations Code. Provides that a Class C pharmacy licensed under Chapter 560, Occupations Code, is not<br />

required to register or be licensed under Chapter 431, Health and Safety Code, to distribute compounded and<br />

prepackaged pharmaceutical products to o<strong>the</strong>r Class C pharmacies licensed under Chapter 560, Occupations Code,<br />

and under common ownership.<br />

Provides that a person who engages in wholesale distribution <strong>of</strong> prescription drugs in this state for use in humans is<br />

exempt from this subchapter under certain conditions.<br />

Authorizes a pharmacy to dispense and deliver a reasonable quantity <strong>of</strong> a compounded drug to a practitioner for<br />

<strong>of</strong>fice use by <strong>the</strong> practitioner. Defines "<strong>of</strong>fice use" as <strong>the</strong> provision <strong>of</strong> drugs by a practitioner; "prepackaging" as <strong>the</strong><br />

act <strong>of</strong> repackaging and relabeling drug products from a manufacturer into dose packaging for distribution; and<br />

"reasonable quantity" as <strong>the</strong> amount <strong>of</strong> a drug that may be reasonably used by <strong>the</strong> expiration date, <strong>the</strong> amount that is<br />

proper given <strong>the</strong> intended use, and <strong>the</strong> amount a pharmacy is capable <strong>of</strong> compounding.<br />

Requires a pharmacy, to dispense and deliver a compounded drug, to verify <strong>the</strong> source <strong>of</strong> raw materials, comply with<br />

United States Pharmacopoeia guidelines, and comply with competency standards and board rules.<br />

Expands <strong>the</strong> definition <strong>of</strong> "manufacture" to include repackaging that is done in accordance with this Act.<br />

Discounting Prices for Health Care to Uninsured Patients—S.B. 500<br />

By Senator West—House Sponsors: Representatives Taylor and Martinez-Fischer<br />

Chapter 552 <strong>of</strong> <strong>the</strong> <strong>Texas</strong> Insurance Code bars hospitals, physicians, and o<strong>the</strong>r health care providers from setting<br />

lower prices for an uninsured patient unless <strong>the</strong> patient is medically indigent. There are a large number <strong>of</strong> working<br />

people in <strong>Texas</strong> who are uninsured, and may not qualify for a discount because <strong>the</strong>y are not indigent. This bill:<br />

Provides that a health care provider may provide discounts to patients under federal, state, or local indigent health<br />

care programs, persons qualifying for indigent health care services or charity care, and uninsured patients.<br />

Clarifies that managed care providers may enter into contracts to provide health care pursuant to a health insurance<br />

plan or policy.<br />

HIGHLIGHTS - 79 TH TEXAS LEGISLATURE 135

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