82R8533 JSC-D By: Castro H.B. No. 2534 A BILL TO BE ENTITLED AN ACT relating to the creation of a prescription medication information literacy plan and pilot programs to implement that plan. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 107A, Health and Safety Code, is amended by designating Sections 107A.001, 107A.002, and 107A.003, Health and Safety Code, as Subchapter A, Chapter 107A, Health and Safety Code, and adding a heading to Subchapter A to read as follows: SUBCHAPTER A. GENERAL PROVISIONS SECTION 2. Chapter 107A, Health and Safety Code, is amended by adding Subchapter B to read as follows: SUBCHAPTER B. PRESCRIPTION MEDICATION INFORMATION LITERACY Sec. 107A.051. DEVELOPMENT OF LITERACY PLAN. (a) The office shall develop a prescription medication information literacy plan to improve patient compliance with physician instructions for taking prescription medication. (b) Medication literature created or modified under the plan must: (1) be appropriate for the literacy level of the general population of this state, including persons who receive medical assistance under Chapter 32, Human Resources Code, and the parents or guardians of children covered by the child health plan under Chapter 62, Health and Safety Code; (2) be written in a format that is easy to understand; (3) be available in English, Spanish, and any other language appropriate to the demographic needs of the area in which the pharmacy distributing the prescriptions is located; and (4) include additional information to assist a person in complying with physician instructions for taking the medication and receiving the best therapeutic benefit from the medication. (c) The office shall identify the best methods and practices for producing medically accurate information that meets the criteria in Subsection (b) and disseminating that information. Sec. 107A.052. PILOT PROGRAMS. (a) The office shall create pilot programs to implement the provisions of the prescription medication information literacy plan developed under Section 107A.051. (b) In selecting locations for the pilot programs under this section, the office shall identify areas in which a significant portion of the population is covered by: (1) the medical assistance program under Chapter 32, Human Resources Code; or (2) the child health plan under Chapter 62, Health and Safety Code. (c) The office shall implement: (1) at least one pilot program in a rural area; and (2) at least one pilot program in an urban area. (d) The office may implement pilot programs in addition to the pilot programs described by Subsection (c) if funding is available. (e) The office may solicit and accept gifts, grants, and donations to support the pilot programs under this section. (f) The office shall provide training and outreach to pharmacists and pharmacy staff in areas covered by a pilot program under this section to ensure proper use of the literature developed under Section 107A.051. (g) Each pharmacy in an area covered by the pilot program shall implement the provisions of the plan developed under Section 107A.051. (h) The executive commissioner of the Health and Human Services Commission may adopt rules necessary for the implementation of the pilot programs under this section. (i) Not later than January 1, 2013, the office shall submit a report to the legislature on: (1) the efficacy of pilot programs implemented under this section; and (2) recommendations for legislation to improve health prescription medication information literacy. (j) This section expires September 1, 2013. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.