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