2005 Legislative Compendium: Prescription Drugs

Canadian Drug Importation  |  Faxed Prescriptions for Schedule II Narcotics  |  Patient Choice of Prescription Drugs

Canadian Drug Importation

SB 410 by Sen. John Whitmire (D-Houston) and Rep. Vicki Truitt (R-Keller) reauthorized the continuation of the Texas State Board of Pharmacy, which underwent sunset review during the legislative session. In the last days of session, Rep. Scott Hochberg (D-Houston) amended the bill to allow the board to designate at least one, but as many as 10, Canadian pharmacies to dispense prescription drugs to Texas residents. The board or its agent is required to inspect at least annually the pharmacy (ies) prior to designating it as approved, and adopt rules and regulations, including a requirement that the pharmacy meet Texas licensing standards. To promote the program, the pharmacy board must establish an Internet site to provide information to patients. Texas pharmacies may, with patient consent, order prescription drugs through an approved Canadian pharmacy. A Canadian pharmacy participating in the program must obtain a prescription before dispensing a product and may only dispense a prescription drug that is FDA-approved. TMA took no position on the bill.

Faxed Prescriptions for Schedule II Narcotics

SB 1188 by Sen. Jane Nelson (R-Lewisville) and Rep. Dianne Delisi (R-Temple) eliminates the requirement that a physician send a faxed copy of a Schedule II narcotic prescription to the pharmacist within seven days so long as the physician or his agent writes across the fax, "VOID-sent by fax to (name and telephone of receiving pharmacy)" and files the prescription in the patient's medical record. The language mirrors bills filed by Sen. Bob Deuell (R-Denton) and Rep. Chuck Hopson (D-Jacksonville).

Patient Choice of Prescription Drugs

HB 836 by Rep. Dan Gattis (R-Georgetown) and Sen. Steve Ogden (R-Bryan) allows patients, at the point of sale, to choose a brand or generic drug after consultation with her physician. Currently,pharmacists may fill a prescription with a generic equivalent before the patient picks up the medication. Patients may not realize the drug has been substituted or, if they have, may be reluctant to request that it be refilled with a brand name. Before filling a new prescription, the pharmacist must inform the patient that a generically equivalent product is available and allow the patient to choose between brand name and the generic. Pharmacists also must display publicly a sign informing patients that a less expensive generic is available and that patients have the right to choose. Additionally, the bill requires a pharmacist to inform a patient when a drug costs less than the price of her insurance copayment and that she can purchase the drug at the lower cost.

Prescription Drug TMA Staff Contacts:  

  • Hilary Dennis, Legislative Affairs, (512) 370-1370
  • Helen Kent Davis, Governmental Affairs, (512) 370-1401
  • C.J. Francisco, JD, Office of the General Counsel, (512) 370-1339 

Overview  | Tax Reform | Scope of Practice | Physician Ownership | Inadequate Health Plan Networks (Balanced Billing) | Managed Care/Insurance Reform | Texas State Board of Medical Examiners Sunset and Physician Licensure | Agency Sunset Review  | Corporate Practice of Medicine | Health Care Funding | Medicaid and CHIP | Indigent Care and the Uninsured | Workers' Compensation | Professional Liability Reform | Medical Education/Workforce | Child Health, Safety, and Nutrition/Fitness | Public Health | Border Health | Rural Health | Mental Health | Trauma/EMS | Medical Science | Long-Term Care | Abortion | Transplantation/Organ Donation | Table of Contents  


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