By:  Moncrief, Shapleigh                              S.B. No. 1763
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the provision of information about patient assistance
 1-3     programs offered by pharmaceutical companies.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 161, Health and Safety Code, is amended
 1-6     by adding Subchapter Q to read as follows:
 1-7                SUBCHAPTER Q. PROVISION OF INFORMATION ABOUT
 1-8                         PATIENT ASSISTANCE PROGRAMS
 1-9           Sec. 161.381.  DEFINITION.  In this subchapter, "patient
1-10     assistance program" means a program offered by a pharmaceutical
1-11     company under which the company provides a drug to persons in need
1-12     of assistance at no charge or at a substantially reduced cost.  The
1-13     term does not include the provision of a drug as part of a clinical
1-14     trial.
1-15           Sec. 161.382.  PROVIDING INFORMATION TO DEPARTMENT.  Each
1-16     pharmaceutical company that does business in this state and that
1-17     offers a patient assistance program shall inform the department of
1-18     the existence of the program, the eligibility requirements for the
1-19     program, the drugs covered by the program, and information such as
1-20     a telephone number used for applying for the program.
1-21           Sec. 161.383.  TOLL-FREE TELEPHONE NUMBER.  (a)  The
1-22     department shall establish a system under which members of the
1-23     public can call a toll-free telephone number to obtain information
1-24     about available patient assistance programs.  The department shall
1-25     ensure that the system is staffed at least during normal business
 2-1     hours with persons who can:
 2-2                 (1)  determine whether a patient assistance program is
 2-3     offered for a particular drug;
 2-4                 (2)  determine whether a person may be eligible to
 2-5     participate in a program; and
 2-6                 (3)  assist persons who wish to apply for a program.
 2-7           (b)  The department shall publicize the telephone number to
 2-8     pharmacies and prescribers of drugs.
 2-9           SECTION 2.  This Act takes effect September 1, 2001.