1. (a) The commission shall ensure that the vendor drug program includes all drugs and national drug codes made available under the federal Medicaid Drug Rebate Program if a certificate of information form to request the drug's inclusion in the vendor drug program has been submitted to the commission and:

   1. (1) approved by the commission; or
   2. (2) subject to Subsection (b), is pending review by the commission.

2. (b) On receipt of a certificate of information form to request the addition to the Texas Drug Code Index of a drug that is available under the federal Medicaid Drug Rebate Program, the commission shall, if the commission determines that the drug is appropriate for dispensing through an outpatient pharmacy, provisionally make the drug available under the vendor drug program for a period that expires on the earlier of:

   1. (1) the 90th day after the date the form was submitted; or
   2. (2) the date the commission makes a determination regarding whether to approve or deny the drug's inclusion on the vendor drug program formulary.

3. (c) The commission shall:

   1. (1) denote the provisional availability of a drug under this section; and

   2. (2) remove a drug made provisionally available under the vendor drug program:

      1. (A) on the expiration of the 90-day period prescribed by Subsection (b)(1); or

      2. (B) if applicable, on the date the commission denies the drug's inclusion on the vendor drug program formulary.

         Transferred and redesignated from Government Code, Section 531.0691 by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 8.048, eff. September 1, 2025.

Added by Acts 2023, 88th Leg., R.S., Ch. 739 (H.B. 3286), Sec. 1, eff. September 1, 2023.