Texas 2009 - 81st Regular

Texas House Bill HB991 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5281 NC-D
2	2	By: Alvarado H.B. No. 991
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to disclosure by a pharmacy of a list of prescription drug
8	8	retail prices.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 562, Occupations Code, is amended by
11	11	adding Subchapter F to read as follows:
12	12	SUBCHAPTER F. DRUG RETAIL PRICE DISCLOSURE
13	13	Sec. 562.251. DEFINITION. In this subchapter, "retail
14	14	price" means a pharmacy's current or advertised charge to a retail
15	15	purchaser for a prescription drug at the listed dosage, including
16	16	the charge for the cost of the medication and the dispensing fee.
17	17	Sec. 562.252. BOARD DUTY TO COMPILE LIST. The board shall
18	18	compile annually a list of the 150 most frequently dispensed
19	19	prescription drugs in the state and the usual dosages of each of
20	20	those drugs. The board shall provide the list free of charge in
21	21	printed and electronic formats to pharmacies for use by the
22	22	pharmacies to produce the retail price list required by this
23	23	subchapter.
24	24	Sec. 562.253. PRESCRIPTION DRUG RETAIL PRICE LIST. (a) A
25	25	pharmacy shall compile a retail price list containing:
26	26	(1) the names of the prescription drugs on the list
27	27	provided by the board as required by Section 562.252;
28	28	(2) the pharmacy's retail price for each drug at the
29	29	listed dosage;
30	30	(3) the date of the most recent update to the list; and
31	31	(4) if a generically equivalent drug is available, the
32	32	availability and price of that generic drug.
33	33	(b) A pharmacy shall update the retail price for each drug
34	34	on the list at least quarterly. This subchapter does not prohibit a
35	35	pharmacy from changing the current retail price of a drug at any
36	36	time, provided the retail price list is updated at least quarterly
37	37	to reflect the new retail price.
38	38	(c) A pharmacy shall provide the retail price list to
39	39	consumers on request.
40	40	(d) A pharmacy shall conspicuously post a sign notifying
41	41	consumers of the availability of the retail price list at or
42	42	adjacent to the place in the pharmacy where prescriptions are
43	43	presented, in a customer waiting area, or where drugs are
44	44	delivered. The sign must state in English and Spanish that:
45	45	(1) the pharmacy is required by law to provide a list
46	46	of prices of the most frequently prescribed drugs;
47	47	(2) generically equivalent drugs are included on the
48	48	list, if available; and
49	49	(3) prices for drugs may vary between pharmacies.
50	50	(e) This section does not apply to a Class E pharmacy.
51	51	SECTION 2. The Texas State Board of Pharmacy shall adopt
52	52	rules necessary to administer the changes in law made by this Act
53	53	and shall compile the prescription drug retail price list required
54	54	by Subchapter F, Chapter 562, Occupations Code, as added by this
55	55	Act, not later than January 2, 2010.
56	56	SECTION 3. A pharmacy subject to the requirements of this
57	57	Act shall compile the prescription drug retail price list and post
58	58	the sign required by Subchapter F, Chapter 562, Occupations Code,
59	59	as added by this Act, not later than March 1, 2010, and shall
60	60	provide the list to consumers and post the sign on and after that
61	61	date.
62	62	SECTION 4. This Act takes effect September 1, 2009.