By: Bucy, et al. (Senate Sponsor - Miles) H.B. No. 1935
(In the Senate - Received from the House May 12, 2021;
May 12, 2021, read first time and referred to Committee on Health &
Human Services; May 20, 2021, reported favorably by the following
vote: Yeas 8, Nays 0; May 20, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to emergency refills of insulin and insulin-related
equipment or supplies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 562, Occupations Code, is
amended by adding Section 562.0541 to read as follows:
Sec. 562.0541. EMERGENCY REFILLS OF INSULIN AND
INSULIN-RELATED EQUIPMENT OR SUPPLIES. (a) In this section:
(1) "Insulin" includes an insulin analog and an
insulin-like medication, regardless of the activation period or
whether the solution is mixed before the prescription is dispensed.
(2) "Insulin-related equipment or supplies" includes
needles, syringes, cartridge systems, prefilled pen systems,
glucose meters, and test strips, but excludes insulin pumps.
(b) A pharmacist may provide an emergency refill of insulin
or insulin-related equipment or supplies if the pharmacist complies
with this section and rules adopted under this section.
(c) Notwithstanding Section 562.054(a) and subject to
Subsection (b) of this section, a pharmacist may exercise the
pharmacist's professional judgment in refilling a prescription for
insulin or insulin-related equipment or supplies without the
authorization of the prescribing practitioner if the pharmacist:
(1) is unable to contact the practitioner after
reasonable effort;
(2) is provided with documentation showing that the
patient was previously prescribed insulin or insulin-related
equipment or supplies by a practitioner;
(3) assesses the patient to determine whether the
emergency refill is appropriate;
(4) creates a record that documents the patient's
visit that includes a notation describing the documentation
provided under Subdivision (2); and
(5) makes a reasonable attempt to inform the
practitioner of the emergency refill at the earliest reasonable
time.
(d) The quantity of an emergency refill of insulin may not
exceed a 30-day supply. The quantity of an emergency refill of
insulin-related equipment or supplies may not exceed the lesser of
a 30-day supply or the smallest available package.
(e) The prescribing practitioner is not liable for an act or
omission by a pharmacist in dispensing an emergency refill of
insulin or insulin-related equipment or supplies under this
section.
SECTION 2. Section 1358.054, Insurance Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) A health benefit plan described by Subsection (a) must
provide to each qualified enrollee coverage for emergency refills
of diabetes equipment or diabetes supplies dispensed to the
enrollee in accordance with Section 562.0541, Occupations Code, in
the same manner as for a nonemergency refill of diabetes equipment
or diabetes supplies.
SECTION 3. As soon as practicable after the effective date
of this Act, the Texas State Board of Pharmacy shall adopt rules
necessary to implement Section 562.0541, Occupations Code, as added
by this Act.
SECTION 4. Section 1358.054, Insurance Code, as amended by
this Act, applies only to a health benefit plan that is delivered,
issued for delivery, or renewed on or after January 1, 2022.
SECTION 5. This Act takes effect September 1, 2021.
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