This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
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
__________________
Governor