HBA-NRS H.B. 3554 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3554
By: Coleman
Public Health
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

While most chemotherapy treatment for cancer is administered intravenously,
many oral anti-cancer treatment drugs are either currently available or
under development. Consistent  with the national trend toward
patient-focused care, some states currently allow physicians participating
in an oncology protocol to dispense oral cancer drugs to their patients.
Dispensing of oral chemotherapy  drugs by physicians is convenient to
patients who would otherwise have to visit a pharmacy to receive such
drugs, reduces costs associated with treatment, and does not have any of
the detrimental effects or complications associated with receiving
chemotherapy intravenously. In addition, some low-income Medicare patients
who require treatment of cancer through oral medication attempt to obtain
their medication through pharmacies and are unable to pay full price while
waiting for their Medicare reimbursement. House Bill 3554 authorizes
physicians participating in an oncology protocol to dispense oral
medication for the treatment of cancer directly to their patients. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3554 amends the Occupations Code to authorize a licensed
physician to dispense drugs pursuant to an oncology protocol and to charge
for such drugs without obtaining a license to practice pharmacy. The bill
provides that the Texas Pharmacy Act does not prevent a practitioner from
dispensing drugs to a patient of the practitioner pursuant to an oncology
protocol.  
 EFFECTIVE DATE

September 1, 2001.