81R5281 NC-D
By: Alvarado H.B. No. 991
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.