1. (a) In making a decision regarding the placement of a drug on each of the preferred drug lists adopted under this subchapter, the commission shall consider:

   1. (1) the board's recommendations under Section 549.0309;
   2. (2) the drug's clinical efficacy;
   3. (3) the price of competing drugs after deducting any federal and state rebate amounts; and
   4. (4) program benefit offerings solely or in conjunction with rebates and other pricing information.

2. (b) The commission shall consider including on a preferred drug list:

   1. (1) multiple methods of delivery within each drug class, including liquid, capsule, and tablet, including an orally disintegrating tablet; and
   2. (2) all strengths and dosage forms of a drug.

Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.