State Codes and Statutes
Statutes > Texas > Occupations-code > Title-3-health-professions > Chapter-158-authority-of-physician-to-provide-certain-drugs-and-supplies
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE B. PHYSICIANS
CHAPTER 158. AUTHORITY OF PHYSICIAN TO PROVIDE CERTAIN DRUGS AND
SUPPLIES
Sec. 158.001. PROVISION OF DRUGS AND OTHER SUPPLIES. (a) 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) This section does not permit a physician to operate a retail
pharmacy without complying with Chapter 558.
(c) This chapter does not prohibit a physician from supplying to
a patient, free of charge, a drug provided 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 700, Sec. 1, eff. June 13,
2001.
Sec. 158.002. PROVISION OF FREE SAMPLES. (a) This chapter does
not prohibit a physician from supplying a pharmaceutical sample
to a patient free of 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.
(b) A pharmaceutical sample provided under this section must be:
(1) provided to the physician from the manufacturer free of
charge and delivered to a patient free of any direct or indirect
charge;
(2) prepackaged by the original manufacturer and not repackaged;
and
(3) marked on the immediate container to indicate that it is a
sample or recorded in records that indicate it is a sample.
(c) Each state and federal labeling and recordkeeping
requirement must be followed and documented. A record maintained
under Subsection (b)(3) must be accessible as provided under
state and federal law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 158.003. DISPENSING OF DANGEROUS DRUGS IN CERTAIN RURAL
AREAS. (a) In this section, "reimbursement for 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) This section applies to an area located in a county with a
population of 5,000 or less, or in a municipality or an
unincorporated town with a population of less than 2,500, that is
within a 15-mile radius of the physician's office and in which a
pharmacy is not located. This section does not apply to a
municipality or an unincorporated town that is adjacent to a
municipality with a population of 2,500 or more.
(c) A physician who practices medicine in an area described by
Subsection (b) may:
(1) maintain a supply of dangerous drugs in the physician's
office to be dispensed in the course of treating the physician's
patients; and
(2) be reimbursed for the cost of supplying those drugs without
obtaining a license under Chapter 558.
(d) A physician who dispenses dangerous drugs under Subsection
(c) shall:
(1) comply with each labeling provision under Subtitle J
applicable to that class of drugs; and
(2) oversee compliance with packaging and recordkeeping
provisions applicable to that class of drugs.
(e) A physician who desires to dispense dangerous drugs under
this section shall notify both the Texas State Board of Pharmacy
and the board that the physician practices in an area described
by Subsection (b). The physician may continue to dispense
dangerous drugs in the area until the Texas State Board of
Pharmacy determines, after notice and hearing, that the physician
no longer practices in an area described by Subsection (b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
State Codes and Statutes
Statutes > Texas > Occupations-code > Title-3-health-professions > Chapter-158-authority-of-physician-to-provide-certain-drugs-and-supplies
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE B. PHYSICIANS
CHAPTER 158. AUTHORITY OF PHYSICIAN TO PROVIDE CERTAIN DRUGS AND
SUPPLIES
Sec. 158.001. PROVISION OF DRUGS AND OTHER SUPPLIES. (a) 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) This section does not permit a physician to operate a retail
pharmacy without complying with Chapter 558.
(c) This chapter does not prohibit a physician from supplying to
a patient, free of charge, a drug provided 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 700, Sec. 1, eff. June 13,
2001.
Sec. 158.002. PROVISION OF FREE SAMPLES. (a) This chapter does
not prohibit a physician from supplying a pharmaceutical sample
to a patient free of 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.
(b) A pharmaceutical sample provided under this section must be:
(1) provided to the physician from the manufacturer free of
charge and delivered to a patient free of any direct or indirect
charge;
(2) prepackaged by the original manufacturer and not repackaged;
and
(3) marked on the immediate container to indicate that it is a
sample or recorded in records that indicate it is a sample.
(c) Each state and federal labeling and recordkeeping
requirement must be followed and documented. A record maintained
under Subsection (b)(3) must be accessible as provided under
state and federal law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 158.003. DISPENSING OF DANGEROUS DRUGS IN CERTAIN RURAL
AREAS. (a) In this section, "reimbursement for 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) This section applies to an area located in a county with a
population of 5,000 or less, or in a municipality or an
unincorporated town with a population of less than 2,500, that is
within a 15-mile radius of the physician's office and in which a
pharmacy is not located. This section does not apply to a
municipality or an unincorporated town that is adjacent to a
municipality with a population of 2,500 or more.
(c) A physician who practices medicine in an area described by
Subsection (b) may:
(1) maintain a supply of dangerous drugs in the physician's
office to be dispensed in the course of treating the physician's
patients; and
(2) be reimbursed for the cost of supplying those drugs without
obtaining a license under Chapter 558.
(d) A physician who dispenses dangerous drugs under Subsection
(c) shall:
(1) comply with each labeling provision under Subtitle J
applicable to that class of drugs; and
(2) oversee compliance with packaging and recordkeeping
provisions applicable to that class of drugs.
(e) A physician who desires to dispense dangerous drugs under
this section shall notify both the Texas State Board of Pharmacy
and the board that the physician practices in an area described
by Subsection (b). The physician may continue to dispense
dangerous drugs in the area until the Texas State Board of
Pharmacy determines, after notice and hearing, that the physician
no longer practices in an area described by Subsection (b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
State Codes and Statutes
Statutes >
Texas >
Occupations-code >
Title-3-health-professions >
Chapter-158-authority-of-physician-to-provide-certain-drugs-and-supplies OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE B. PHYSICIANS
CHAPTER 158. AUTHORITY OF PHYSICIAN TO PROVIDE CERTAIN DRUGS AND
SUPPLIES
Sec. 158.001. PROVISION OF DRUGS AND OTHER SUPPLIES. (a) 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) This section does not permit a physician to operate a retail
pharmacy without complying with Chapter 558.
(c) This chapter does not prohibit a physician from supplying to
a patient, free of charge, a drug provided 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 700, Sec. 1, eff. June 13,
2001.
Sec. 158.002. PROVISION OF FREE SAMPLES. (a) This chapter does
not prohibit a physician from supplying a pharmaceutical sample
to a patient free of 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.
(b) A pharmaceutical sample provided under this section must be:
(1) provided to the physician from the manufacturer free of
charge and delivered to a patient free of any direct or indirect
charge;
(2) prepackaged by the original manufacturer and not repackaged;
and
(3) marked on the immediate container to indicate that it is a
sample or recorded in records that indicate it is a sample.
(c) Each state and federal labeling and recordkeeping
requirement must be followed and documented. A record maintained
under Subsection (b)(3) must be accessible as provided under
state and federal law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 158.003. DISPENSING OF DANGEROUS DRUGS IN CERTAIN RURAL
AREAS. (a) In this section, "reimbursement for 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) This section applies to an area located in a county with a
population of 5,000 or less, or in a municipality or an
unincorporated town with a population of less than 2,500, that is
within a 15-mile radius of the physician's office and in which a
pharmacy is not located. This section does not apply to a
municipality or an unincorporated town that is adjacent to a
municipality with a population of 2,500 or more.
(c) A physician who practices medicine in an area described by
Subsection (b) may:
(1) maintain a supply of dangerous drugs in the physician's
office to be dispensed in the course of treating the physician's
patients; and
(2) be reimbursed for the cost of supplying those drugs without
obtaining a license under Chapter 558.
(d) A physician who dispenses dangerous drugs under Subsection
(c) shall:
(1) comply with each labeling provision under Subtitle J
applicable to that class of drugs; and
(2) oversee compliance with packaging and recordkeeping
provisions applicable to that class of drugs.
(e) A physician who desires to dispense dangerous drugs under
this section shall notify both the Texas State Board of Pharmacy
and the board that the physician practices in an area described
by Subsection (b). The physician may continue to dispense
dangerous drugs in the area until the Texas State Board of
Pharmacy determines, after notice and hearing, that the physician
no longer practices in an area described by Subsection (b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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