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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of a patient assistance program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter J, Chapter 531, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER J. [PROVISION OF INFORMATION ABOUT] PATIENT ASSISTANCE |
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PROGRAMS |
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SECTION 2. Subchapter J, Chapter 531, Government Code, is |
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amended by adding Section 531.354 to read as follows: |
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Sec. 531.354. ADMINISTRATION OF PROGRAM. The executive |
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commissioner shall, to the extent permitted by federal law, adopt |
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rules requiring a pharmaceutical company that does business in this |
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state and that offers a patient assistance program to: |
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(1) affix a symbol to each prescription shipment |
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delivered through the program that indicates the shipment is: |
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(A) not a sample; and |
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(B) intended for a patient participating in the |
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program; |
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(2) include the patient's full name in clearly legible |
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type on the invoice and prescription bottle; |
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(3) log all prescriptions dispensed by the |
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pharmaceutical company and received by a physician through the |
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program; |
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(4) ship prescriptions directly to the patient when |
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possible; and |
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(5) contact the patient by telephone when the |
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prescription is shipped. |
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SECTION 3. Not later than January 1, 2008, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules as required by Section 531.354, Government Code, as |
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added by this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |