HBA-NRS S.B. 332 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 332
By: Moncrief
Public Health
5/14/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, the Medical Practice Act prohibits physicians from giving
patients free medications under an indigent pharmaceutical program.
Removing this prohibition would not infringe on pharmacists' dispensing
authority. Senate Bill 332 provides that the Medical Practice Act does not
prohibit  physicians from  giving patients medication supplied by a
pharmaceutical company for an indigent pharmaceutical program.  

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

Senate Bill 332 amends the Occupations Code to provide that provisions in
the Medical Practice Act governing the authority of a physician to provide
certain drugs and supplies do 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. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.