81R9335 YDB-F

By: West S.B. No. 1706

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of a program to provide prescribers with evidence-based information about pharmaceuticals; assessing a fee; providing penalties.

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

SECTION 1. It is the intent of the legislature to ensure that health care professionals have balanced and unbiased evidence-based information readily available in order to ensure the highest quality prescribing decisions are made for the citizens of this state, which will improve health outcomes and reduce unnecessary costs.

SECTION 2. Chapter 531, Government Code, is amended by adding Subchapter Q to read as follows:

SUBCHAPTER Q. EVIDENCE-BASED PRESCRIBER EDUCATION SERVICE

Sec. 531.651. DEFINITIONS. In this subchapter:

(1) "Prescribed product" includes a drug or device as defined in Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 321) and a biological product as defined in Section 351 of the Public Health Service Act (42 U.S.C. Section 262).

(2) "State health care program" means a program for which the state purchases prescribed products, including the state Medicaid program, a state pharmaceutical assistance program, or a program for state employees and their dependents, individuals under the supervision of corrections, or state retirees and their dependents.

Sec. 531.652. ESTABLISHMENT OF EDUCATION SERVICE. (a) The executive commissioner, in collaboration with an institution of higher education in this state, shall develop an evidence-based prescription education service designed to provide health care professionals who are licensed to prescribe or dispense prescribed products with information and education from a noncommercial source on the comparative efficacy, safety, and cost-effectiveness of commonly used prescribed products.

(b) In designing the service, the executive commissioner shall consult with appropriate health care professionals or organizations knowledgeable about the practice of medicine and continuing medical education.

(c) The education service shall be geared toward assisting health care professionals who are licensed to prescribe or dispense prescribed products with making appropriate pharmaceutical recommendations.

Sec. 531.653. REQUIREMENTS FOR EDUCATION SERVICE. (a) The education service established by the executive commissioner under Section 531.652 shall conduct in-person outreach and education sessions that are:

(1) made available to health care professionals who participate in, contract with, or are reimbursed by state-funded health care programs;

(2) made available to health care professionals in their place of work;

(3) facilitated by qualified and appropriately trained clinician-educators; and

(4) conducted on a one-to-one basis, whenever practicable.

(b) The service may also provide education to other health care professionals as funding permits or for a fee.

(c) The educational materials used by the education service must be based on a balanced, clinically relevant, and comprehensive review of evidence that is accepted within the practice of medicine, including scientific research that conforms to the generally accepted standards of experimental design, data collection, analysis, and interpretation with the purpose of providing unbiased and objective continuing education on the comparative efficacy, safety, and cost-effectiveness of medications.

(d) The education service may use materials developed by a medical school, an academic medical center, a school of pharmacy, a medical society, a research institute, or another publicly sponsored prescriber education service.

Sec. 531.654. RULES OF EDUCATION SERVICE. (a) The executive commissioner shall adopt the rules necessary to implement this subchapter.

(b) The rules adopted under this subchapter must establish:

(1) minimum clinical and educational qualifications for prescriber educators employed by or under contract with the education service;

(2) required training for educators;

(3) a code of conduct governing the behavior of educators in their interactions with health care professionals; and

(4) conflict of interest guidelines for educators and others involved in advising, developing, and administering the service.

Sec. 531.655. FEE. (a) Each wholesale distributor of prescription drugs that is licensed under Subchapter N, Chapter 431, Health and Safety Code, that employs, directs, or utilizes one or more prescription marketing representatives in this state to market the distributor's prescription drugs shall pay to the commission an annual fee in the amount of $2,500.

(b) The fee collected by the commission under this section shall be deposited to the credit of the general revenue fund and may be appropriated only for the education service established under this subchapter.

(c) A wholesale distributor that fails to pay the fee required by this section is subject to disciplinary action by the Department of State Health Services under Section 431.414, Health and Safety Code, as if the distributor violated Subchapter N, Chapter 431, Health and Safety Code.

Sec. 531.656. COMMISSION DUTIES. The commission shall seek and take all necessary actions to receive federal financial participation for any academic detailing provided through the state Medicaid program at the administrative matching rate of 50 percent.

Sec. 531.657. GIFTS AND GRANTS. The executive commissioner may seek grants and financial gifts from nonprofit charitable foundations to cover planning, development, and the ongoing operation of the education service provided under this subchapter.

Sec. 531.658. REPORT. The executive commissioner shall present an annual report on the development of the education service to:

(1) the presiding officer of each house of the legislature; and

(2) the chair of each committee in the legislature with primary jurisdiction over the commission.

SECTION 3. (a) Not later than January 1, 2010, the executive commissioner shall adopt the rules required by Subchapter Q, Chapter 531, Government Code, as added by this Act.

(b) Not later than September 1, 2010, the executive commissioner, in collaboration with an institution of higher education in this state, shall establish the education service as required by Subchapter Q, Chapter 531, Government Code, as added by this Act.

(c) Notwithstanding Subchapter Q, Chapter 531, Government Code, as added by this Act, a wholesale distributor is not required to pay the fee required under Subchapter Q until January 1, 2010.

SECTION 4. This Act takes effect September 1, 2009.