82R11820 JSC-F
 
  By: Van de Putte S.B. No. 1754
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the closed formulary for workers' compensation
  pharmaceutical benefits.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 408.028, Labor Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  The commissioner shall adopt rules allowing the
  compounding of any drug formulation that incorporates any drug or
  combination of drugs contained in the closed formulary, regardless
  of the form in which the drug or drugs are approved in the
  formulary, to be eligible for reimbursement if:
               (1)  a health care practitioner directs that the
  compounded drug formulation be dispensed to the patient under a
  prescription as an oral, parenteral, rectal, vaginal, buccal,
  transdermal, topical, or inhalant medication; and
               (2)  a commercially available version of the compounded
  drug formulation is not available in the form and concentration
  prescribed by the health care practitioner.
         SECTION 2.  This Act takes effect September 1, 2011.