77R12937 JRD-D                          
         By Moncrief, et al.                                   S.B. No. 1763
         Substitute the following for S.B. No. 1763:
         By Gray                                           C.S.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 531, Government Code, is amended by adding
 1-6     Subchapter I to read as follows:
 1-7                SUBCHAPTER I. PROVISION OF INFORMATION ABOUT
 1-8                         PATIENT ASSISTANCE PROGRAMS
 1-9           Sec. 531.301.  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. 531.302.  PROVIDING INFORMATION TO COMMISSION.  Each
1-16     pharmaceutical company that does business in this state and that
1-17     offers a patient assistance program shall inform the commission 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. 531.303.  TOLL-FREE TELEPHONE NUMBER.  (a)  The
1-22     commission 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 commission shall
 2-1     ensure that the system is staffed at least during normal business
 2-2     hours with persons who can:
 2-3                 (1)  determine whether a patient assistance program is
 2-4     offered for a particular drug;
 2-5                 (2)  determine whether a person may be eligible to
 2-6     participate in a program; and
 2-7                 (3)  assist persons who wish to apply for a program.
 2-8           (b)  The commission shall publicize the telephone number to
 2-9     pharmacies and prescribers of drugs.
2-10           SECTION 2. This Act takes effect September 1, 2001.