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.