bill lets eye doctors hand out their own eye drops

The text as introduced · 400 words

89R5330 AND-F

By: Johnson
H.B. No. 4539

A BILL TO BE ENTITLED

AN ACT

relating to the dispensing of certain drugs by physicians

specializing in ophthalmology.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 157.002(f), Occupations Code, is amended

to read as follows:

(f) Subsections (b) and (c) do not authorize a physician or

a person acting under the supervision of a physician to keep a

pharmacy, advertised or otherwise, for the retail sale of dangerous

drugs, other than as authorized under Section 158.003 or 158.004 ,

without complying with the applicable laws relating to the

dangerous drugs.

SECTION 2. Chapter 158, Occupations Code, is amended by

adding Section 158.004 to read as follows:

Sec. 158.004. DISPENSING OF CERTAIN OPHTHALMIC DRUGS. (a)

In this section, "dangerous drug" and "dispense" have the meanings

assigned to those terms by Section 483.001, Health and Safety Code.

(b) A physician specializing in ophthalmology may dispense

nonsystemic dangerous drugs to the physician's patients for

ophthalmic use in drop or ointment form.

(c) A physician may charge and receive reimbursement for

stocking, storing, and labeling a drug dispensed under Subsection

(b) without obtaining a license under Chapter 558.

(d) A physician who dispenses drugs under Subsection (b)

shall:

(1) comply with each labeling provision under Subtitle

J applicable to that class of drugs; and

(2) ensure compliance with packaging and

recordkeeping provisions applicable to that class of drugs.

SECTION 3. Section 551.004(b), Occupations Code, is amended

to read as follows:

(b) This subtitle does not prevent a practitioner from :

(1) administering a drug to a patient of the

practitioner ; or

(2) dispensing dangerous drugs to a patient as

provided by Section 158.004 .

SECTION 4. Section 563.051(d), Occupations Code, is amended

to read as follows:

(d) This section does not authorize a physician or a person

acting under the supervision of a physician to keep a pharmacy,

advertised or otherwise, for the retail sale of dangerous drugs,

other than as authorized under Section 158.003 or 158.004 , without

complying with the applicable laws relating to the dangerous drugs.

SECTION 5. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.