Lawsuit challenges rule barring doctors from dispensing meds

A lawsuit is challenging a Texas ban on doctors dispensing prescription medication to their patients, arguing it violates the state constitution.

The complaint by the Institute for Justice, representing two physicians, calls the ban "irrational."

"As 45 other states have recognized, doctor dispensing is a safe and effective way to increase patients' access and adherence to their prescribed medications, and which is good for patients, doctors, and the broader healthcare system," the complaint argues.

"As licensed doctors, plaintiffs are just as qualified as their peers across the country to provide this beneficial service."

The case was filed in district court in Travis County on behalf of Michael Garrett and Kristin Held against the Texas State Board of Pharmacy and its members, the Texas Medical Board and others.

"As a family physician, I'm the first person you call when someone gets sick or hurt," said Garrett. "It's my job to figure out what's wrong with a patient and prescribe the right medication and treatment. Texas's dispensing ban just makes it harder for me to do my job."

The rule is an outlier across the country, where physicians in 45 states and the District of Columbia are allowed to dispense prescription medication.

"Because they work in Texas, however, Dr. Garrett and Dr. Held could be fined and even lose their medical licenses for attempting to dispense medications to their patients, solely because there are pharmacies near their offices," the complaint explains.

IJ notes the few exceptions to the Texas ban. Physicians can hand out samples, keep an emergency supply and dispense medication if there is no pharmacy nearby.

"This ban isn't about patient safety; it is about protecting the profits of pharmacies. Texas doctors are banned from dispensing prescription medication unless they work in certain 'rural' areas more than 15 miles from a pharmacy," IJ said.

"And the law works as intended: Only eight of Texas's almost 65,000 doctors are eligible to dispense medication, guaranteeing that pharmacies see a healthy stream of people needing medications."

The Texas Medical Association also has urged repeal of the dispensing ban.

"Our clients are doctors who just want to dispense safe medication to their patients," said IJ Attorney Joshua Windham. "But Texas's protectionist law stands in their way. We're going to court to strike down this unconstitutional law."

Other states have repealed similar bans in recent years, IJ said.

"The state trusts me to perform complex eye surgery, but doesn't trust me to give routine eye drops to my patients as they walk out the door," Held said. "The ban on doctor dispensing raises drugs costs, endangers my patients and hinders my ability to practice medicine. The only ones who benefit are the pharmacies."

IJ Senior Attorney Wesley Hottot said "the only reason our clients can't dispense medication to their patients is that pharmacist groups have lobbied lawmakers to protect their bottom line."

"The Texas Constitution forbids laws that do nothing more than protect the financial interests of established businesses," he said.