Lawsuit Seeks to Lift Ban on Texas Doctors Selling Prescription Drugs

Two Texas doctors are suing the state over a law prohibiting them from selling prescription drugs to their patients. They argue the ban is irrational and unconstitutional.

“It's the pharmacists lobby, so CVS, Walgreens, these types of for-profit businesses are who this law protects,” says Wesley Hottot, an attorney with the Institute of Justice.

The group filed the suit on behalf of a family physician in Austin and ophthalmologist in San Antonio.

“The state trusts her to do complex eye surgery on people, but doesn't trust her to dispense simple eye drops when a patient is on their way out of surgery,” he says.

The Texas Medical Association is not part of the lawsuit, but it supports efforts to overturn the ban.

“We're talking about cholesterol medicine, hypertension medicine, just very common generic drugs that can be dispensed at low-cost and quite easily to patients,” says Dr. David Fleeger, president of the TMA.



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