1-1     By:  Moncrief                                         S.B. No. 1763
 1-2           (In the Senate - Filed March 16, 2001; March 20, 2001, read
 1-3     first time and referred to Committee on Health and Human Services;
 1-4     April 10, 2001, reported favorably by the following vote:  Yeas 6,
 1-5     Nays 0; April 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the provision of information about patient assistance
 1-9     programs offered by pharmaceutical companies.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Chapter 161, Health and Safety Code, is amended
1-12     by adding Subchapter Q to read as follows:
1-13                SUBCHAPTER Q. PROVISION OF INFORMATION ABOUT
1-14                         PATIENT ASSISTANCE PROGRAMS
1-15           Sec. 161.381.  DEFINITION.  In this subchapter, "patient
1-16     assistance program" means a program offered by a pharmaceutical
1-17     company under which the company provides a drug to persons in need
1-18     of assistance at no charge or at a substantially reduced cost.  The
1-19     term does not include the provision of a drug as part of a clinical
1-20     trial.
1-21           Sec. 161.382.  PROVIDING INFORMATION TO DEPARTMENT.  Each
1-22     pharmaceutical company that does business in this state and that
1-23     offers a patient assistance program shall inform the department of
1-24     the existence of the program, the eligibility requirements for the
1-25     program, the drugs covered by the program, and information such as
1-26     a telephone number used for applying for the program.
1-27           Sec. 161.383.  TOLL-FREE TELEPHONE NUMBER.  (a)  The
1-28     department shall establish a system under which members of the
1-29     public can call a toll-free telephone number to obtain information
1-30     about available patient assistance programs.  The department shall
1-31     ensure that the system is staffed at least during normal business
1-32     hours with persons who can:
1-33                 (1)  determine whether a patient assistance program is
1-34     offered for a particular drug;
1-35                 (2)  determine whether a person may be eligible to
1-36     participate in a program; and
1-37                 (3)  assist persons who wish to apply for a program.
1-38           (b)  The department shall publicize the telephone number to
1-39     pharmacies and prescribers of drugs.
1-40           SECTION 2.  This Act takes effect September 1, 2001.
1-41                                  * * * * *