81R1648 MSE-D
By: Ellis S.B. No. 146
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":
(1) means the actual price to be paid to a pharmacy by
a retail purchaser for a drug at the listed dosage, including the
charge for the cost of the medication and the dispensing fee; and
(2) may not be more than the pharmacy's usual and
customary or posted or advertised charge.
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, including the usual dosages of
those drugs. The board shall provide the list free of charge in
printed and electronic formats to license holders for use by the
license holders to produce the drug retail price list required by
this subchapter.
Sec. 562.253. PRESCRIPTION DRUG RETAIL PRICE LIST. (a) A
pharmacy shall compile a prescription drug 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 actual 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 pharmacy's retail price for
each drug on the list at least once a week. This subchapter does not
prevent a pharmacy from changing the current retail price of a drug
at any time, provided the listed price is updated at least once a
week to reflect the new retail price.
(c) A pharmacy shall provide the pharmacy's prescription
drug retail price list to consumers on request.
(d) A pharmacy shall conspicuously post a sign notifying
consumers of the availability of the drug 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 inform customers that:
(1) the pharmacy is required by this section to
provide a list of prices of the most frequently prescribed drugs;
(2) generically equivalent drugs are included on the
list, where 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 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 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 on and after that date.
SECTION 4. This Act takes effect September 1, 2009.