OCCUPATIONS CODE
CHAPTER 158. AUTHORITY OF PHYSICIAN TO PROVIDE CERTAIN DRUGS AND
SUPPLIES
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 700, § 1, eff. June 13, 2001.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
