|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to disclosure by a pharmacy of a list of prescription drug |
|
retail prices. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 562, Occupations Code, is amended by |
|
adding Subchapter F to read as follows: |
|
SUBCHAPTER F. DRUG RETAIL PRICE DISCLOSURE |
|
Sec. 562.251. DEFINITION. In this subchapter, "retail |
|
price" means a pharmacy's current or advertised charge to a retail |
|
purchaser for a prescription drug at the listed dosage, including |
|
the charge for the cost of the medication and the dispensing fee. |
|
Sec. 562.252. BOARD DUTY TO COMPILE LIST. The board shall |
|
compile annually a list of the 150 most frequently dispensed |
|
prescription drugs in the state and the usual dosages of each of |
|
those drugs. The board shall provide the list free of charge in |
|
printed and electronic formats to pharmacies for use by the |
|
pharmacies to produce the retail price list required by this |
|
subchapter. |
|
Sec. 562.253. PRESCRIPTION DRUG RETAIL PRICE LIST. (a) A |
|
pharmacy shall compile a retail price list containing: |
|
(1) the names of the prescription drugs on the list |
|
provided by the board as required by Section 562.252; |
|
(2) the pharmacy's retail price for each drug at the |
|
listed dosage; |
|
(3) the date of the most recent update to the list; and |
|
(4) if a generically equivalent drug is available, the |
|
availability and price of that generic drug. |
|
(b) A pharmacy shall update the retail price for each drug |
|
on the list at least quarterly. This subchapter does not prohibit a |
|
pharmacy from changing the current retail price of a drug at any |
|
time, provided the retail price list is updated at least quarterly |
|
to reflect the new retail price. |
|
(c) A pharmacy shall provide the retail price list to |
|
consumers on request. |
|
(d) A pharmacy shall conspicuously post a sign notifying |
|
consumers of the availability of the retail price list at or |
|
adjacent to the place in the pharmacy where prescriptions are |
|
presented, in a customer waiting area, or where drugs are |
|
delivered. The sign must state in English and Spanish that: |
|
(1) the pharmacy is required by law to provide a list |
|
of prices of the most frequently prescribed drugs; |
|
(2) generically equivalent drugs are included on the |
|
list, if available; and |
|
(3) prices for drugs may vary between pharmacies. |
|
(e) This section does not apply to a Class E pharmacy. |
|
SECTION 2. The Texas State Board of Pharmacy shall adopt |
|
rules necessary to administer the changes in law made by this Act |
|
and shall compile the prescription drug retail price list required |
|
by Subchapter F, Chapter 562, Occupations Code, as added by this |
|
Act, not later than January 2, 2010. |
|
SECTION 3. A pharmacy subject to the requirements of this |
|
Act shall compile the prescription drug retail price list and post |
|
the sign required by Subchapter F, Chapter 562, Occupations Code, |
|
as added by this Act, not later than March 1, 2010, and shall |
|
provide the list to consumers and post the sign on and after that |
|
date. |
|
SECTION 4. This Act takes effect September 1, 2009. |