BILL ANALYSIS

Senate Research Center	S.B. 759
86R5780 SOS-D	By: Buckingham
	Health & Human Services
	3/8/2019
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

S.B. 759 will help physicians continue to stay up to date on any changes to their patients' care by ensuring they receive notification from a pharmacy in the event a biosimilar medication is substituted for a biological medication.

During the 84th legislative session, the legislature passed a law that created greater access to new and less expensive biosimilar treatment options for Texans who require a complex biologic medicine for their disease or condition. This pathway was established as a way to provide more treatment options, increase access to lifesaving medications, and potentially lower health care costs.

As part of this legislation, a pharmacist was required to provide notification to a physician in the event a biosimilar was dispensed in lieu of a brand medication because unlike generics, biosimilars are more complex and considered interchangeable, but not identical. Thus, one biosimilar or interchangeable biological product might work better or worse for a patient than another.

Interested parties have stated that having a notification requirement in place allows the physician know which biosimilar was dispensed in order to make the best decisions regarding the patient�s health. However, under the bill's provisions, this requirement is set to expire on September 1, 2019. In order to ensure physicians continue to be well informed regarding a patient's care, S.B. 759 removes this expiration date to keep the pharmacist notification requirement in place.

As proposed, S.B. 759 amends current law relating to pharmacist communications to prescribing practitioners regarding� certain dispensed biological products.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Repealer: Section 562.0051(c) (relating to the expiration of Section 562.0051 (Communication Regarding Certain Dispensed Biological Products) on September 1, 2019), Occupation Code.

SECTION 2. Effective date: upon passage or on the 91st day after the last day of the legislative session.