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79R4729 MSE-D

By:  Gattis                                                       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, Occupations Code, is amended to 
read as follows:
	Sec. 562.009.  REQUIREMENTS CONCERNING SELECTION OF 
GENERICALLY EQUIVALENT DRUG.  (a)  Before filling 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[, and before delivery of a generically equivalent drug]:
		(1)  inform the patient or the patient's agent:                 
			(A)  that a less expensive generically equivalent 
drug is available [has been substituted] for the brand prescribed;
and
			(B)  of the price the patient would be required to 
pay for the generically equivalent drug and 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]
	(b) [(2)]  A pharmacist shall 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."
	(c) [(b)]  To comply with Subsection (b) [(a)(2)], only one 
sign is required to be displayed in a pharmacy.
	SECTION 3.  This Act takes effect September 1, 2005.