H.B. No. 836
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, Occupations Code, is amended by 
adding Subsection (a-1) to read as follows:
	(a-1)  In addition to the requirements of Subsection (a), a 
pharmacist must 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 REQUIRES A PHARMACIST TO INFORM YOU IF 
A LESS EXPENSIVE GENERICALLY EQUIVALENT DRUG IS 
AVAILABLE FOR CERTAIN BRAND NAME DRUGS AND TO ASK YOU 
TO CHOOSE BETWEEN THE GENERIC AND THE BRAND NAME DRUG. 
YOU HAVE A RIGHT TO ACCEPT OR REFUSE THE GENERICALLY 
EQUIVALENT DRUG."
	SECTION 4.  Section 562.009(b), Occupations Code, is amended 
to read as follows:
	(b)  A pharmacy is not required to comply with the provisions 
of Subsection (a):
		(1)  in the case of the refill of a prescription for 
which the pharmacy previously complied with Subsection (a) with 
respect to the same patient or patient's agent; or
		(2)  if the patient's physician or physician's agent 
advises the pharmacy that:
			(A)  the physician has informed the patient or the 
patient's agent that a less expensive generically equivalent drug 
is available for the brand prescribed; and
			(B)  the patient or the patient's agent has chosen 
either the brand prescribed or the less expensive generically 
equivalent drug.  [To comply with Subsection (a)(2), only one sign 
is required to be displayed in a pharmacy.]
	SECTION 5.  Section 562.009, Occupations Code, is amended by 
adding Subsections (c) and (d) to read as follows:
	(c)  A pharmacy that supplies a prescription by mail is 
considered to have complied with the provisions of Subsection (a) 
if the pharmacy includes on the prescription order form completed 
by the patient or the patient's agent language that clearly and 
conspicuously:
		(1)  states that if a less expensive generically 
equivalent drug is available for the brand prescribed, the patient 
or the patient's agent may choose between the generically 
equivalent drug and the brand prescribed; and
		(2)  allows the patient or the patient's agent to 
indicate the choice of the generically equivalent drug or the brand 
prescribed.
	(d)  If the patient or the patient's agent fails to indicate 
otherwise to a pharmacy on the prescription order form under 
Subsection (c), the pharmacy may dispense a generically equivalent 
drug.
	SECTION 6.  (a)  The Texas State Board of Pharmacy shall 
prescribe and distribute the sign required by Section 562.009(a-1), 
Occupations Code, as added by this Act.  A pharmacist is not 
required to display the sign until the pharmacist receives the sign 
from the Texas State Board of Pharmacy.
	(b)  Not later than January 1, 2006, a pharmacy that supplies 
a prescription by mail must comply with the provisions of Section 
562.009(c), Occupations Code, as added by this Act, for each 
prescription that the pharmacy supplies by mail.
	SECTION 7.  This Act takes effect September 1, 2005.                           
______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      
	I certify that H.B. No. 836 was passed by the House on April 
14, 2005, by a non-record vote; that the House refused to concur in 
Senate amendments to H.B. No. 836 on May 17, 2005, and requested the 
appointment of a conference committee to consider the differences 
between the two houses; and that the House adopted the conference 
committee report on H.B. No. 836 on May 27, 2005, by a non-record 
vote.
                                                  ______________________________
                                                     Chief Clerk of the House   
	I certify that H.B. No. 836 was passed by the Senate, with 
amendments, on May 10, 2005, by the following vote:  Yeas 31, Nays 
0; at the request of the House, the Senate appointed a conference 
committee to consider the differences between the two houses; and 
that the Senate adopted the conference committee report on H.B. No. 
836 on May 29, 2005, by the following vote:  Yeas 31, Nays 0.
                                                  ______________________________
                                                      Secretary of the Senate   
APPROVED: __________________                                                
 
                Date                                                         
 
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              Governor