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79R1996 MSE-D

By:  Uresti                                                       H.B. No. 3326



A BILL TO BE ENTITLED

AN ACT

relating to the establishment of a prescription drug consumer 
information and technical assistance program by the Department of 
State Health Services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle E, Title 2, Health and Safety Code, is 
amended by adding Chapter 113 to read as follows:

CHAPTER 113.  PRESCRIPTION DRUG INFORMATION PROGRAM
	Sec. 113.001.  DEFINITIONS.  In this chapter:                           
		(1)  "Practitioner" has the meaning assigned by Section 
551.003, Occupations Code.
		(2)  "Senior citizen" means a person at least 65 years 
of age.       
	Sec. 113.002.  PRESCRIPTION DRUG CONSUMER INFORMATION AND 
TECHNICAL ASSISTANCE PROGRAM.  (a)  The department shall establish 
a prescription drug consumer information and technical assistance 
program.
	(b)  The program shall provide senior citizens of this state 
with advice on:
		(1)  using prescription drugs prudently; and                           
		(2)  accessing government and private prescription 
drug programs and discounts.
	(c)  The program shall include providing senior citizens 
with an opportunity to consult a licensed pharmacist about how a 
senior citizen may, with the approval of the senior citizen's 
prescribing practitioner:
		(1)  avoid dangerous drug interactions; and                            
		(2)  substitute a more cost–effective drug for the drug 
prescribed by the practitioner.
	(d)  The department shall provide for licensed pharmacists 
to perform the consultations provided under Subsection (c).  The 
department may use a licensed pharmacist employed by a state 
governmental entity or recruit licensed pharmacist volunteers in 
cooperation with the Texas State Board of Pharmacy.
	(e)  The executive commissioner of the Health and Human 
Services Commission shall adopt rules necessary to implement this 
section, including rules that describe any fees that may be charged 
for services provided by a consulting pharmacist.
	SECTION 2.  (a)  Not later than March 1, 2006, the executive 
commissioner of the Health and Human Services Commission shall 
adopt rules as required by Section 113.002, Health and Safety Code, 
as added by this Act.
	(b)  Not later than October 1, 2006, the Department of State 
Health Services shall report to the governor, the lieutenant 
governor, the speaker of the house of representatives, and the 
standing committees of the senate and house of representatives with 
primary jurisdiction over health care on the effectiveness of the 
prescription drug consumer information and technical assistance 
program established by this Act.
	SECTION 3.  This Act takes effect September 1, 2005.