Texas 2021 - 87th Regular

Texas House Bill HB1935 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1935
	1	+	By: Bucy, et al. (Senate Sponsor - Miles) H.B. No. 1935
	2	+	(In the Senate - Received from the House May 12, 2021;
	3	+	May 12, 2021, read first time and referred to Committee on Health &
	4	+	Human Services; May 20, 2021, reported favorably by the following
	5	+	vote: Yeas 8, Nays 0; May 20, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to emergency refills of insulin and insulin-related
6	12		equipment or supplies.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Subchapter B, Chapter 562, Occupations Code, is
9	15		amended by adding Section 562.0541 to read as follows:
10	16		Sec. 562.0541. EMERGENCY REFILLS OF INSULIN AND
11	17		INSULIN-RELATED EQUIPMENT OR SUPPLIES. (a) In this section:
12	18		(1) "Insulin" includes an insulin analog and an
13	19		insulin-like medication, regardless of the activation period or
14	20		whether the solution is mixed before the prescription is dispensed.
15	21		(2) "Insulin-related equipment or supplies" includes
16	22		needles, syringes, cartridge systems, prefilled pen systems,
17		-	glucose meters, continuous glucose monitor supplies, and test
18		-	strips, but excludes insulin pumps.
	23	+	glucose meters, and test strips, but excludes insulin pumps.
19	24		(b) A pharmacist may provide an emergency refill of insulin
20	25		or insulin-related equipment or supplies if the pharmacist complies
21	26		with this section and rules adopted under this section.
22	27		(c) Notwithstanding Section 562.054(a) and subject to
23	28		Subsection (b) of this section, a pharmacist may exercise the
24	29		pharmacist's professional judgment in refilling a prescription for
25	30		insulin or insulin-related equipment or supplies without the
26	31		authorization of the prescribing practitioner if the pharmacist:
27	32		(1) is unable to contact the practitioner after
28	33		reasonable effort;
29	34		(2) is provided with documentation showing that the
30	35		patient was previously prescribed insulin or insulin-related
31	36		equipment or supplies by a practitioner;
32	37		(3) assesses the patient to determine whether the
33	38		emergency refill is appropriate;
34	39		(4) creates a record that documents the patient's
35	40		visit that includes a notation describing the documentation
36	41		provided under Subdivision (2); and
37	42		(5) makes a reasonable attempt to inform the
38	43		practitioner of the emergency refill at the earliest reasonable
39	44		time.
40	45		(d) The quantity of an emergency refill of insulin may not
41	46		exceed a 30-day supply. The quantity of an emergency refill of
42	47		insulin-related equipment or supplies may not exceed the lesser of
43	48		a 30-day supply or the smallest available package.
44	49		(e) The prescribing practitioner is not liable for an act or
45	50		omission by a pharmacist in dispensing an emergency refill of
46	51		insulin or insulin-related equipment or supplies under this
47	52		section.
48	53		SECTION 2. Section 1358.054, Insurance Code, is amended by
49	54		adding Subsection (a-1) to read as follows:
50	55		(a-1) A health benefit plan described by Subsection (a) must
51	56		provide to each qualified enrollee coverage for emergency refills
52	57		of diabetes equipment or diabetes supplies dispensed to the
53	58		enrollee in accordance with Section 562.0541, Occupations Code, in
54	59		the same manner as for a nonemergency refill of diabetes equipment
55	60		or diabetes supplies.
56	61		SECTION 3. As soon as practicable after the effective date
57	62		of this Act, the Texas State Board of Pharmacy shall adopt rules
58	63		necessary to implement Section 562.0541, Occupations Code, as added
59	64		by this Act.
60	65		SECTION 4. Section 1358.054, Insurance Code, as amended by
61	66		this Act, applies only to a health benefit plan that is delivered,
62	67		issued for delivery, or renewed on or after January 1, 2022.
63	68		SECTION 5. This Act takes effect September 1, 2021.
64		-	______________________________ ______________________________
65		-	President of the Senate Speaker of the House
66		-	I certify that H.B. No. 1935 was passed by the House on May
67		-	11, 2021, by the following vote: Yeas 131, Nays 12, 2 present, not
68		-	voting; and that the House concurred in Senate amendments to H.B.
69		-	No. 1935 on May 28, 2021, by the following vote: Yeas 143, Nays 1,
70		-	2 present, not voting.
71		-	______________________________
72		-	Chief Clerk of the House
73		-	I certify that H.B. No. 1935 was passed by the Senate, with
74		-	amendments, on May 24, 2021, by the following vote: Yeas 30, Nays
75		-	0.
76		-	______________________________
77		-	Secretary of the Senate
78		-	APPROVED: __________________
79		-	Date
80		-	__________________
81		-	Governor
	69	+	* * * * *