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2003S0644-1 03/13/03

By:  Wohlgemuth                                                   H.B. No. 3341


A BILL TO BE ENTITLED

AN ACT

relating to the provision of prescription drugs by pharmacies 
through patient assistance programs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter C, Chapter 562, Occupations Code, is 
amended by adding Section 562.1075 to read as follows:
	Sec. 562.1075.  PATIENT ASSISTANCE PROGRAMS.  (a)  In this 
section, "patient assistance program" means a program offered by a 
pharmaceutical company under which the company provides a drug at 
no charge or at a substantially reduced cost to persons in need of 
assistance.  The term does not include the provision of a drug as 
part of a clinical trial.
	(b)  A pharmacy may receive and dispense prescription drugs 
that are a part of a patient assistance program.  A prescription 
drug that is a part of a patient assistance program shall be 
dispensed as prescribed to an individual specified in the 
prescription.  If the quantity of the drug received is greater than 
the quantity needed for the patient's prescription, the pharmacy 
may place the excess into the pharmacy's inventory for use in the 
normal course of business.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.