80R7245 MCK-D

By: Van de Putte S.B. No. 1223

A BILL TO BE ENTITLED

AN ACT

relating to a public awareness campaign concerning certain solicitations for the purchase of prescription drugs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 402, Government Code, is amended by adding Section 402.031 to read as follows:

Sec. 402.031. PUBLIC AWARENESS CAMPAIGN CONCERNING CERTAIN PRESCRIPTION DRUG SOLICITATIONS. (a) The consumer protection division within the office of the attorney general shall develop a public awareness campaign to educate consumers concerning solicitations for the sale of prescription drugs that are made using electronic mail or the Internet.

(b) The public awareness campaign must emphasize the existence of reputable pharmacies and pharmacists that provide services through the Internet and must provide information to assist a consumer in distinguishing a reputable pharmacy or pharmacist from a seller that may be unlicensed or fraudulent.

(c) In developing the public awareness campaign, the consumer protection division shall consult with the Texas State Board of Pharmacy, trade associations representing the interests of pharmacies and pharmacists in this state, and advocates for consumer protection.

(d) In conducting the public awareness campaign, the consumer protection division may distribute information using:

(1) brochures;

(2) advertisements, articles, or editorials in newspapers or other publications;

(3) radio or television public service announcements;

(4) the Internet; or

(5) other appropriate means.

(e) The attorney general may, in accordance with Section 402.005, accept gifts, grants, and donations to support the public awareness campaign.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.