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79R10616 MSE-D


By:  Gattis, Hopson, et al.                                       H.B. No. 836



A BILL TO BE ENTITLED

AN ACT

relating to certain requirements concerning the filling of a 
prescription.  
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 562, Occupations Code, is 
amended by adding Section 562.003 to read as follows:
	Sec. 562.003.  DISCLOSURE OF PRICE; PATIENT'S OPTION.  If 
the price of a drug to a patient is lower than the amount of the 
patient's copayment under the patient's prescription drug insurance 
plan, the pharmacist shall offer the patient the option of paying 
for the drug at the lower price instead of paying the amount of the 
copayment.
	SECTION 2.  Section 562.009(a), Occupations Code, is amended 
to read as follows:
	(a)  Before delivery of a prescription for a generically 
equivalent drug, a [A] pharmacist must [who selects a generically 
equivalent drug as authorized by this subchapter shall:
		[(1)]  personally, or through the pharmacist's agent or 
employee:
		(1)  [, and before delivery of a generically equivalent 
drug] inform the patient or the patient's agent that a less 
expensive generically equivalent drug is available [has been 
substituted] for the brand prescribed; and
		(2)  ask [that] the patient or the patient's agent to 
choose between the generically equivalent drug and the brand 
prescribed. [is entitled to refuse that substitution; or
		[(2)  display, in a prominent place that is in clear 
public view where prescription drugs are dispensed, a sign in block 
letters not less than one inch in height that reads, in both English 
and Spanish:
		["TEXAS LAW ALLOWS A LESS EXPENSIVE GENERICALLY 
EQUIVALENT DRUG TO BE SUBSTITUTED FOR CERTAIN BRAND 
NAME DRUGS UNLESS YOUR PHYSICIAN DIRECTS OTHERWISE. 
YOU HAVE A RIGHT TO REFUSE SUCH SUBSTITUTION. CONSULT 
YOUR PHYSICIAN OR PHARMACIST CONCERNING THE 
AVAILABILITY OF A SAFE, LESS EXPENSIVE DRUG FOR YOUR 
USE."]
	SECTION 3.  Section 562.009(b), Occupations Code, is 
repealed.               
	SECTION 4.  This Act takes effect September 1, 2005.