By:  Gattis, Hopson, et al. (Senate Sponsor - Ogden)              H.B. No. 836
	(In the Senate - Received from the House April 18, 2005; 
April 19, 2005, read first time and referred to Committee on Health 
and Human Services; April 29, 2005, reported adversely, with 
favorable Committee Substitute by the following vote:  Yeas 7, 
Nays 0; April 29, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 836                                    By:  Deuell

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, 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 Subsection (c) 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 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. SECTION 6. This Act takes effect September 1, 2005.
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