Texas 2009 - 81st Regular

Texas Senate Bill SB1706 Compare Versions

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

Old	New	Differences
1	1	81R9335 YDB-F
2	2	By: West S.B. No. 1706
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a program to provide prescribers
8	8	with evidence-based information about pharmaceuticals; assessing a
9	9	fee; providing penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. It is the intent of the legislature to ensure
12	12	that health care professionals have balanced and unbiased
13	13	evidence-based information readily available in order to ensure the
14	14	highest quality prescribing decisions are made for the citizens of
15	15	this state, which will improve health outcomes and reduce
16	16	unnecessary costs.
17	17	SECTION 2. Chapter 531, Government Code, is amended by
18	18	adding Subchapter Q to read as follows:
19	19	SUBCHAPTER Q. EVIDENCE-BASED PRESCRIBER EDUCATION SERVICE
20	20	Sec. 531.651. DEFINITIONS. In this subchapter:
21	21	(1) "Prescribed product" includes a drug or device as
22	22	defined in Section 201 of the Federal Food, Drug, and Cosmetic Act
23	23	(21 U.S.C. Section 321) and a biological product as defined in
24	24	Section 351 of the Public Health Service Act (42 U.S.C. Section
25	25	262).
26	26	(2) "State health care program" means a program for
27	27	which the state purchases prescribed products, including the state
28	28	Medicaid program, a state pharmaceutical assistance program, or a
29	29	program for state employees and their dependents, individuals under
30	30	the supervision of corrections, or state retirees and their
31	31	dependents.
32	32	Sec. 531.652. ESTABLISHMENT OF EDUCATION SERVICE. (a) The
33	33	executive commissioner, in collaboration with an institution of
34	34	higher education in this state, shall develop an evidence-based
35	35	prescription education service designed to provide health care
36	36	professionals who are licensed to prescribe or dispense prescribed
37	37	products with information and education from a noncommercial source
38	38	on the comparative efficacy, safety, and cost-effectiveness of
39	39	commonly used prescribed products.
40	40	(b) In designing the service, the executive commissioner
41	41	shall consult with appropriate health care professionals or
42	42	organizations knowledgeable about the practice of medicine and
43	43	continuing medical education.
44	44	(c) The education service shall be geared toward assisting
45	45	health care professionals who are licensed to prescribe or dispense
46	46	prescribed products with making appropriate pharmaceutical
47	47	recommendations.
48	48	Sec. 531.653. REQUIREMENTS FOR EDUCATION SERVICE. (a) The
49	49	education service established by the executive commissioner under
50	50	Section 531.652 shall conduct in-person outreach and education
51	51	sessions that are:
52	52	(1) made available to health care professionals who
53	53	participate in, contract with, or are reimbursed by state-funded
54	54	health care programs;
55	55	(2) made available to health care professionals in
56	56	their place of work;
57	57	(3) facilitated by qualified and appropriately
58	58	trained clinician-educators; and
59	59	(4) conducted on a one-to-one basis, whenever
60	60	practicable.
61	61	(b) The service may also provide education to other health
62	62	care professionals as funding permits or for a fee.
63	63	(c) The educational materials used by the education service
64	64	must be based on a balanced, clinically relevant, and comprehensive
65	65	review of evidence that is accepted within the practice of
66	66	medicine, including scientific research that conforms to the
67	67	generally accepted standards of experimental design, data
68	68	collection, analysis, and interpretation with the purpose of
69	69	providing unbiased and objective continuing education on the
70	70	comparative efficacy, safety, and cost-effectiveness of
71	71	medications.
72	72	(d) The education service may use materials developed by a
73	73	medical school, an academic medical center, a school of pharmacy, a
74	74	medical society, a research institute, or another publicly
75	75	sponsored prescriber education service.
76	76	Sec. 531.654. RULES OF EDUCATION SERVICE. (a) The
77	77	executive commissioner shall adopt the rules necessary to implement
78	78	this subchapter.
79	79	(b) The rules adopted under this subchapter must establish:
80	80	(1) minimum clinical and educational qualifications
81	81	for prescriber educators employed by or under contract with the
82	82	education service;
83	83	(2) required training for educators;
84	84	(3) a code of conduct governing the behavior of
85	85	educators in their interactions with health care professionals; and
86	86	(4) conflict of interest guidelines for educators and
87	87	others involved in advising, developing, and administering the
88	88	service.
89	89	Sec. 531.655. FEE. (a) Each wholesale distributor of
90	90	prescription drugs that is licensed under Subchapter N, Chapter
91	91	431, Health and Safety Code, that employs, directs, or utilizes one
92	92	or more prescription marketing representatives in this state to
93	93	market the distributor's prescription drugs shall pay to the
94	94	commission an annual fee in the amount of $2,500.
95	95	(b) The fee collected by the commission under this section
96	96	shall be deposited to the credit of the general revenue fund and may
97	97	be appropriated only for the education service established under
98	98	this subchapter.
99	99	(c) A wholesale distributor that fails to pay the fee
100	100	required by this section is subject to disciplinary action by the
101	101	Department of State Health Services under Section 431.414, Health
102	102	and Safety Code, as if the distributor violated Subchapter N,
103	103	Chapter 431, Health and Safety Code.
104	104	Sec. 531.656. COMMISSION DUTIES. The commission shall seek
105	105	and take all necessary actions to receive federal financial
106	106	participation for any academic detailing provided through the state
107	107	Medicaid program at the administrative matching rate of 50 percent.
108	108	Sec. 531.657. GIFTS AND GRANTS. The executive commissioner
109	109	may seek grants and financial gifts from nonprofit charitable
110	110	foundations to cover planning, development, and the ongoing
111	111	operation of the education service provided under this subchapter.
112	112	Sec. 531.658. REPORT. The executive commissioner shall
113	113	present an annual report on the development of the education
114	114	service to:
115	115	(1) the presiding officer of each house of the
116	116	legislature; and
117	117	(2) the chair of each committee in the legislature
118	118	with primary jurisdiction over the commission.
119	119	SECTION 3. (a) Not later than January 1, 2010, the
120	120	executive commissioner shall adopt the rules required by Subchapter
121	121	Q, Chapter 531, Government Code, as added by this Act.
122	122	(b) Not later than September 1, 2010, the executive
123	123	commissioner, in collaboration with an institution of higher
124	124	education in this state, shall establish the education service as
125	125	required by Subchapter Q, Chapter 531, Government Code, as added by
126	126	this Act.
127	127	(c) Notwithstanding Subchapter Q, Chapter 531, Government
128	128	Code, as added by this Act, a wholesale distributor is not required
129	129	to pay the fee required under Subchapter Q until January 1, 2010.
130	130	SECTION 4. This Act takes effect September 1, 2009.