Pharmaceuticals

Article 21.52B, Texas Insurance Code ("Any Willing Pharmacy " statute), a court addressing the issue today would likely conclude that, is saved from preemption under the federal Employee Retirement Income Security Act of 1974 ("ERISA"), pursuant to the test set forth by the U.S. Supreme Court in Kentucky Ass'n Of Health Plans, Inc. v. Miller.|Texas Pharmacy Ass'n v. Prudential Insurance Co. of America, the current Fifth Circuit Court of Appeals decision in, holding that article 21.52B, Texas Insurance Code ("Any Willing Pharmacy" statute) is preempted under the federal Employee Retirement Income Security Act of 1974 ("ERISA"), still stands.|Article 21.52B, Texas Insurance Code ("Any Willing Pharmacy" statute), until a court affirmatively concludes that, is saved from preemption, we cannot conclude as a matter of law that the statute is enforceable

Section 483.102 of the Health and Safety Code - a prescriber may directly or by standing order prescribe an opioid antagonist to law enforcement agencies in a position to assist persons experiencing an opioid-related drug overdose

Information considered to be confidential by statutory law, information in possession of Interagency Council on Pharmaceuticals Bulk Purchasing is excepted from disclosure under Public Information Act as|Interagency Council on Pharmaceuticals Bulk Purchasing is a governmental body that has supervision or control over public business and is thus subject to Open Meetings Act|Executive session, Interagency Council on Pharmaceuticals Bulk Purchasing is not authorized to meet in executive session to discuss drug pricing made confidential by statute|Specific pharmaceutical, neither Texas Department of Health nor Council may disclose information that identifies a specific manufacturer or wholesaler or prices charged by a specific manufacturer or wholesaler for a|Specific pharmaceutical, neither Department nor Interagency Council on Pharmaceuticals Bulk Purchasing may disclose information that identifies a specific manufacturer or wholesaler or prices charged by a specific manufacturer or wholesaler for a|Specific pharmaceutical, neither Texas Department of Health nor Interagency Council on Pharmaceuticals Bulk Purchasing may disclose information that identifies a specific manufacturer or wholesaler or prices charged by a specific manufacturer or wholesal

Federal Food, Drug, and Cosmetic Act preempts provisions of Texas law that permit importation of prescription drugs from Canada

Cocaine eye drops, Board may adopt rule authorizing therapeutic optometrist to administer in certain circumstances|Cocaine eye drops, Optometry Board may adopt rule authorizing therapeutic optometrist to administer in certain circumstances

Warrantless administrative searches, constitutionality of Controlled Substances Act provisions conditioning issuance of permits on consent to|Warrantless administrative searches by Department, constitutionality of Controlled Substances Act provisions conditioning issuance of permits on consent to

Pharmacy license, automatic prescription drug dispensing machine located at nursing home must be licensed as a pharmacy and under onsite supervision of pharmacist|Automatic prescription drug dispensing machine located at nursing home must be licensed as a pharmacy and under onsite supervision of pharmacist|Nursing home, automatic prescription drug dispensing machine located at must be licensed as a pharmacy and under onsite supervision of pharmacist

Generic drug substitution, State Board of Pharmacy rule specifying that no drugs shall be included on a list of narrow therapeutic index drugs to which special refill rules should apply is consistent with legislature's mandate to Board in the Texas Pharma|Generic drug substitution, Board rule specifying that no drugs shall be included on a list of narrow therapeutic index drugs to which special refill rules should apply is consistent with legislature's mandate to Board in the Texas Pharmacy Act to establis

Prescription drugs, sample and nonsample, that are no longer needed by nursing home residents, federal law does not entirely prohibit collection of and shipment to foreign countries|Prescription drugs, sample and nonsample, that are no longer needed by nursing home residents, Board of Health must adopt rules providing for collection and shipment to foreign countries; rules must comport with applicable federal and state law|Food and Drug Administration has authority to adopt regulations to enforce certain federal drug laws|Prescription drugs, sample and nonsample, that are no longer needed by nursing home residents, Board must adopt rules providing for collection and shipment to foreign countries; rules must comport with applicable federal and state law