By: Nelson S.B. No. 1540
A BILL TO BE ENTITLED
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.