Texas 2009 - 81st Regular

Texas Senate Bill SB146 Compare Versions

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

Old	New	Differences
1	1	81R1648 MSE-D
2	2	By: Ellis S.B. No. 146
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":
15	15	(1) means the actual price to be paid to a pharmacy by
16	16	a retail purchaser for a drug at the listed dosage, including the
17	17	charge for the cost of the medication and the dispensing fee; and
18	18	(2) may not be more than the pharmacy's usual and
19	19	customary or posted or advertised charge.
20	20	Sec. 562.252. BOARD DUTY TO COMPILE LIST. The board shall
21	21	compile annually a list of the 150 most frequently dispensed
22	22	prescription drugs in the state, including the usual dosages of
23	23	those drugs. The board shall provide the list free of charge in
24	24	printed and electronic formats to license holders for use by the
25	25	license holders to produce the drug retail price list required by
26	26	this subchapter.
27	27	Sec. 562.253. PRESCRIPTION DRUG RETAIL PRICE LIST. (a) A
28	28	pharmacy shall compile a prescription drug retail price list
29	29	containing:
30	30	(1) the names of the prescription drugs on the list
31	31	provided by the board as required by Section 562.252;
32	32	(2) the pharmacy's actual retail price for each drug at
33	33	the listed dosage;
34	34	(3) the date of the most recent update to the list; and
35	35	(4) if a generically equivalent drug is available, the
36	36	availability and price of that generic drug.
37	37	(b) A pharmacy shall update the pharmacy's retail price for
38	38	each drug on the list at least once a week. This subchapter does not
39	39	prevent a pharmacy from changing the current retail price of a drug
40	40	at any time, provided the listed price is updated at least once a
41	41	week to reflect the new retail price.
42	42	(c) A pharmacy shall provide the pharmacy's prescription
43	43	drug retail price list to consumers on request.
44	44	(d) A pharmacy shall conspicuously post a sign notifying
45	45	consumers of the availability of the drug retail price list at or
46	46	adjacent to the place in the pharmacy where prescriptions are
47	47	presented, in a customer waiting area, or where drugs are
48	48	delivered. The sign must inform customers that:
49	49	(1) the pharmacy is required by this section to
50	50	provide a list of prices of the most frequently prescribed drugs;
51	51	(2) generically equivalent drugs are included on the
52	52	list, where available; and
53	53	(3) prices for drugs may vary between pharmacies.
54	54	(e) This section does not apply to a Class E pharmacy.
55	55	SECTION 2. The Texas State Board of Pharmacy shall adopt
56	56	rules necessary to administer the changes in law made by this Act
57	57	and shall compile the drug retail price list required by Subchapter
58	58	F, Chapter 562, Occupations Code, as added by this Act, not later
59	59	than January 2, 2010.
60	60	SECTION 3. A pharmacy subject to the requirements of this
61	61	Act shall compile the prescription drug retail price list required
62	62	by Subchapter F, Chapter 562, Occupations Code, as added by this
63	63	Act, not later than March 1, 2010, and shall provide the list to
64	64	consumers on and after that date.
65	65	SECTION 4. This Act takes effect September 1, 2009.