BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 836

79R10616 MSE-D                                                                                               By: Gattis (Ogden)

                                                                                                                  Health & Human Services

                                                                                                                                            4/23/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Current law allows a pharmacist to fill a drug prescription with a generically equivalent compound prior to the patient picking up the medicine.  Also, current law allows a patient to refuse the substitution made by the pharmacy.  In some cases, the patient is unaware that the prescription has been substituted. Additionally, most patients are not equipped with the necessary medical knowledge to make a determination as to whether their physician specifically sought to have the prescription filled with a certain drug. In other words, the substitution may be contrary to a physician's treatment plan.  Further, it is also unlikely that a patient will decline the substitution after it has been filled because it would require an additional wait as the prescription is processed for a second time. 

 

As engrossed, H.B. 836 seeks to enhance communication between a pharmacist and a patient by allowing the patient the choice, prior to the filling of the prescription, to state the patient's drug preference and provide the consumer with opportunity to consult with his or her physician as to drug preference. This bill also allows a person to pay the cash price for a prescription if the cash price is less than the person's co-pay price.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter A, Chapter 562, Occupations Code, by adding Section 562.003, as follows:

 

Sec. 562.003.  DISCLOSURE OF PRICE; PATIENT'S OPTION.  Requires a pharmacist to offer a patient the option of paying for the drug at the lower price instead of paying the amount of the copayment if the price of a drug to the patient is lower than the amount of the patient's copayment under the patient's prescription drug insurance plan.

 

SECTION 2.  Amends Section 562.009(a), Occupations Code, as follows:

 

(a)  Sets forth certain requirements for a pharmacist before delivery of a prescription for a generically equivalent drug.  Makes modifications to existing list of requirements for a pharmacist. Deletes existing text pertaining to a generically equivalent drug by this chapter.

 

SECTION 3.  Repealer:  Section 562.009(b) (pertaining to the placement of a sign in the pharmacy), Occupations Code.

 

SECTION 4.  Effective date:  September 1, 2005.