Texas 2009 - 81st Regular

Texas House Bill HB44 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1618 JSC-F
2	2	By: Corte H.B. No. 44
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to disclosing information to persons obtaining emergency
8	8	contraception.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
11	11	amended by adding Chapter 172 to read as follows:
12	12	CHAPTER 172. EMERGENCY CONTRACEPTION
13	13	Sec. 172.001. DEFINITIONS. In this chapter:
14	14	(1) "Emergency contraception" means a drug that:
15	15	(A) is used postcoitally;
16	16	(B) prevents pregnancy by preventing
17	17	fertilization of an egg or preventing implantation of an egg in a
18	18	uterus; and
19	19	(C) is approved by the United States Food and
20	20	Drug Administration.
21	21	(2) "Pharmacist" means a person licensed to practice
22	22	pharmacy by the Texas State Board of Pharmacy.
23	23	Sec. 172.002. DUTY TO INFORM. (a) Before a pharmacist may
24	24	dispense or distribute emergency contraception, the pharmacist
25	25	must inform the recipient that emergency contraception may prevent:
26	26	(1) the fertilization of an egg; or
27	27	(2) the implantation of a fertilized egg in the
28	28	uterus.
29	29	(b) A pharmacist must provide the information required by
30	30	Subsection (a) orally and in writing.
31	31	Sec. 172.003. SIGN REQUIRED. A business establishment at
32	32	which emergency contraception is dispensed or distributed shall
33	33	display a sign, in clear view of each cash register in the
34	34	establishment, that is at least 18 inches high by 24 inches wide and
35	35	that, in block letters in a font that may be read clearly, reads in
36	36	English and Spanish:
37	37	"IF YOU BELIEVE THAT LIFE BEGINS AT FERTILIZATION--THE POINT
38	38	WHERE THE SPERM AND EGG UNITE--THEN YOU NEED TO KNOW THAT EMERGENCY
39	39	CONTRACEPTION MAY EITHER FUNCTION AS A CONTRACEPTIVE TO PREVENT THE
40	40	EGG AND SPERM FROM UNITING OR PREVENT THE IMPLANTATION OF YOUR
41	41	ALREADY FERTILIZED EGG IN YOUR WOMB. THE PHARMACIST DISPENSING
42	42	THIS DRUG IS REQUIRED TO EXPLAIN TO YOU HOW THE PRODUCT MAY HELP TO
43	43	PREVENT YOUR PREGNANCY."
44	44	Sec. 172.004. PREREQUISITES TO SALE. (a) Before
45	45	dispensing or distributing emergency contraception over the
46	46	counter, a business establishment must:
47	47	(1) require the person obtaining the drug to:
48	48	(A) display a driver's license or other form of
49	49	identification containing the person's photograph and indicating
50	50	that the person is 18 years of age or older; and
51	51	(B) sign for the purchase; and
52	52	(2) make a record of the transaction, including:
53	53	(A) the name of the person obtaining the drug;
54	54	(B) the date the drug is dispensed or
55	55	distributed; and
56	56	(C) an acknowledgment that the pharmacist
57	57	provided the person obtaining the drug with the information
58	58	required by Section 172.002.
59	59	(b) The business establishment shall maintain each record
60	60	made under this section until at least the second anniversary of the
61	61	date the record is made.
62	62	SECTION 2. This Act takes effect immediately if it receives
63	63	a vote of two-thirds of all the members elected to each house, as
64	64	provided by Section 39, Article III, Texas Constitution. If this
65	65	Act does not receive the vote necessary for immediate effect, this
66	66	Act takes effect September 1, 2009.