Sec. 702. INCLUSION OF CERTAIN OVER-THE-COUNTER DRUGS IN TRICARE UNIFORM FORMULARY
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## SEC. 702 INCLUSION OF CERTAIN OVER-THE-COUNTER DRUGS IN TRICARE UNIFORM FORMULARY ###
(a)Inclusion Subsection (a)(2) of section 1074g of title 10, United States Code, is amended— ####
(1)in subparagraph (D), by striking “No pharmaceutical agent may be excluded” and inserting “Except as provided in subparagraph (F), no pharmaceutical agent may be excluded”; and ####
(2)by adding at the end the following new subparagraph: > > ##### “(F) > > > ######
(i)> > The Secretary may implement procedures to place selected over-the-counter drugs on the uniform formulary and to make such drugs available to eligible covered beneficiaries. An over-the-counter drug may be included on the uniform formulary only if the Pharmacy and Therapeutics Committee established under subsection
(b)finds that the over-the-counter drug is cost effective and clinically effective. If the Pharmacy and Therapeutics Committee recommends an over-the-counter drug for inclusion on the uniform formulary, the drug shall be considered to be in the same therapeutic class of pharmaceutical agents, as determined by the Committee, as similar prescription drugs. > > > ###### “(ii) > > Regulations prescribed by the Secretary to carry out clause
(i)shall include the following with respect to over-the-counter drugs included on the uniform formulary: > > > ###### “(I) > > A determination of the means and conditions under paragraphs
(5)and
(6)through which over-the-counter drugs will be available to eligible covered beneficiaries and the amount of cost sharing that such beneficiaries will be required to pay for over-the-counter drugs, if any, except that no such cost sharing may be required for a member of a uniformed service on active duty. > > > ###### “(II) > > Any terms and conditions for the dispensing of over-the-counter drugs to eligible covered beneficiaries.” > . ###
(b)Definitions Subsection
(g)of such section is amended by adding at the end the following new paragraphs: > > #### “(3) > > The term ‘over-the-counter drug’ means a drug that is not subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)). > > > #### “(4) > > The term ‘prescription drug’ means a drug that is subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)).” > . ###
(c)Technical Amendments ####
(1)Cross-reference amendment Subsection (b)(1) of such section is amended by striking “subsection (g)” and inserting “subsection (h)”. ####
(2)Repeal of obsolete provisions #####
(A)Subsection (a)(2)(D) of such section is amended by striking the last sentence. #####
(B)Subsection (b)(2) of such section is amended by striking “Not later than” and all the follows through “such 90-day period, the committee” and inserting “The committee”. #####
(C)Subsection (d)(2) of such section is amended— ######
(i)by striking “Effective not later than April 5, 2000, the Secretary” and inserting “The Secretary”; and ######
(ii)by striking “the current managed care support contracts” and inserting “the managed care support contracts current as of October 5, 1999,”.
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Sec. 702
INCLUSION OF CERTAIN OVER-THE-COUNTER DRUGS IN TRICARE UNIFORM FORMULARY
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