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