79R10616 MSE-D
By: Gattis, Hopson H.B. No. 836
Substitute the following for H.B. No. 836:
By: Laubenberg C.S.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repealed.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.