2019 Legislative Session Report

End of Session Bill Tracking

Bills Passed

HB 1757: Lucio/Schwertner
Relating to the authority of an insured to select a pharmacist under the insured's health insurance policy.
Sent to the Governor May 17

HB 1455: Hunter/Buckingham
Relating to the audit of wholesale invoices during certain audits of pharmacists and pharmacies.
Sent to the Governor May 15

HB 3441: Lucio III/Schwertner
Relating to reimbursement under certain health benefit plans for certain services and procedures performed by pharmacists.
Sent to Governor: May 16

SB 670: Buckingham/Price
Relating to Medicaid telemedicine and telehealth services.
Oliverson amendment includes allowing for Tele-pharmacy in Federally Qualified Health Centers.
Sent to Governor: May 25

HB 2847: Goldman/Hancock
Relating to the licensing and regulation of certain occupations, activities, and agreements; providing a civil penalty; authorizing fees; requiring an occupational registration and an occupational license.  HB 1668, to clean up the Pharmacy Practice Act as recommended by the Texas State Board of Pharmacy was amended to the bill.
Sent to Governor: May 29

HB 1518: Coleman/Seliger
Relating to the regulation of the sale of dextromethorphan to minors.
Signed by Governor
Effective: September 1, 2019

HB 2536: Oliverson
Relating to transparency related to drug costs.
Sent to Governor: May 29

HB 2174: Zerwas/Kolkhorst
Relating to controlled substance prescriptions and reimbursement for treatment for certain substance use disorders, authorizing fees. Includes e-prescribing, 10-day supply limit for acute pain, requirements for continuing education for prescribers and dispensers.
Sent to Governor: May 29

SB 1056: Zaffani/Raney
Relating to the authority of physicians to delegate to certain pharmacists the implementation and modification of patient’s drug therapy.
Sent to Governor: May 25

HB 2088: Dean/Hughes
Relating to providing information and other resources regarding safe disposal of Schedule II controlled substance prescription drugs. (Compromise language added from pharmacy groups…pharmacy must add to the receipt the website for disposals of opioids.)
Sent to Governor: May 25

HB 1063: Price/Buckingham
Relating to telemedicine medical, telehealth, and home telemonitoring services under Medicaid.
Sent to Governor: May 25

HB 2174: Zerwas
Relating to controlled substance prescriptions and reimbursement for treatment for certain substance use disorders; authorizing a fee.
Sent to the Governor: May 29

HB 3496: Sheffield
Relating to the licensing and regulation of certain pharmacies; providing an administrative penalty.
Revocation of a pharmacy license for failure to operate within 30 days.
Sent to Governor May 25

HB 3284: Sheffield
Relating to the prescribing and dispensing of controlled substances under the Texas Controlled Substances Act; authorizing a fee; providing for administrative penalties; creating criminal offenses.
Pushed PMP requirement to March 2020
Sent to the Governor May 26

HB 80: Ortega
Relating to a study and report regarding shortages in certain health professions.
Sent to the Governor May 21

HB 3703: Klick
A bill to be entitled An Act relating to the dispensing, administration, and use of low-THC cannabis; authorizing low-THC cannabis research; authorizing a fee. Increased the number of disease states that can be prescribed cannabis. Including MS, terminal cancers, and autism.
Sent to Governor May 28

More Work to be Done Next Session

HB 2099: Allison/Campbell
Relating to modification of certain prescription drug benefits and coverage offered by health benefit plans. (Patient protections bill. Requires health plans to provide notice of modifications affecting drug coverage if it removes drugs from a formulary, adds preauthorization requirements, imposes or alters a quantity limit, imposes step therapy restrictions or moves a drug to a higher cost-sharing tier unless a generic alternative is available.)

HB 3388: Sheffield/Kolkhorst
Relating to the reimbursement of prescription drugs under Medicaid and the child health plan program.
Bill started as complete carve-out of pharmacy benefits, then negotiated to implement NADAC with an adequate dispensing fee based on a study every two years.

HB 2817: Lucio III/Hughes
Relating to the contractual relationship between a pharmacist or pharmacy and a health benefit plan issuer or pharmacy benefit manager. (Several provisions from HB 2231 by Rep. Oliverson were moved into this bill, including:

  • an affiliate pharmacy can’t pay themselves or mail-order pharmacies more than other pharmacies in the network
  • prohibition of post adjudication claims, including DIR or GER-like fees
  • requires PBMs to adequately describe in their contracts with pharmacists how reimbursements will be calculated
  • gives pharmacies legal protections who lodge appeals or complaints against PBMs
  • prohibits PBMs from including contract language that prevents pharmacies from delivering prescriptions to patients

HB 4285: Zelder
Relating to the authority of pharmacists to furnish certain medications. (Committee Substitute at the hearing limits the bill to flu, and the administration of antivirals following a positive test result. Pharmacists would be able to provide this service to adult patients (18+) on nights and on weekend. This would done under a protocol agreement with the physician (similar to flu).

HB 1905: Klick
Regarding due process protection before termination from a health plan, was amended onto HB 1914 on the House floor.

Bills Opposed Killed 

HB 1622: Oliverson
Relating to the authority of a physician to provide and dispense and to delegate authority to provide and dispense. 

HB 1706: Farrar
Relating to the provision of pharmacy services through a tele-pharmacy. Expands to federally qualified facilities, hospitals, and birth facilities. (Amendment proposed to eliminate mileage for these facilities.)

HB 437: Shaheen
Relating to allowing Medicaid managed care organizations to adopt their own drug formularies.

HB 460: Shaheen
Relating to the dispensing of certain drugs by physicians.

HB 563: Theirry
Relating to an acknowledgement on receipt of an opioid prescription drug. 

HB 568: Blanco
Relating to certain protected practices of pharmacists and pharmacies regarding amounts charged for prescription drugs. 

HB 562: Theirry
Relating to warning labels for opioid prescriptions. (Allows TSBP to determine rules for labeling instead of legislation. Compromise language added from pharmacy groups)