88R3072 BEE-D
By: Hinojosa H.B. No. 1050
A BILL TO BE ENTITLED
AN ACT
relating to the authority of pharmacists to dispense
self-administered hormonal contraceptives.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 157, Occupations Code, is
amended by adding Section 157.102 to read as follows:
Sec. 157.102. AUTHORIZATION TO DISPENSE SELF-ADMINISTERED
HORMONAL CONTRACEPTIVE UNDER WRITTEN PROTOCOL. (a) In this
section:
(1) "Pharmacist" has the meaning assigned by Section
551.003.
(2) "Written protocol" means a physician's written
order, standing medical order, standing delegation order, or other
order or protocol as defined by board rule.
(b) This section does not apply to:
(1) the issuing of a valid patient-specific
prescription for a hormonal contraceptive by a physician; or
(2) the dispensing of a hormonal contraceptive by a
pharmacist under a prescription described by Subdivision (1).
(c) A physician may issue a written protocol to authorize
the dispensing of a self-administered hormonal contraceptive that
is approved by the United States Food and Drug Administration to
prevent pregnancy, including an oral hormonal contraceptive, a
hormonal contraceptive vaginal ring, or a hormonal contraceptive
patch.
(d) Notwithstanding any other law, in accordance with rules
adopted under Subsection (e), a pharmacist may dispense a
self-administered hormonal contraceptive to a patient 18 years of
age or older under a written protocol and without any other
patient-specific prescription drug order.
(e) In consultation with a national professional
organization specializing in obstetrics and gynecology, the board
shall jointly adopt rules with the Texas State Board of Pharmacy to
establish standard procedures for a pharmacist to dispense a
self-administered hormonal contraceptive under this section.
Rules adopted under this subsection must require:
(1) a patient to complete and provide to a pharmacist a
nationally recognized self-screening risk assessment before the
pharmacist may dispense a self-administered hormonal contraceptive
to the patient; and
(2) a pharmacist to provide the patient with
information about the contraceptive dispensed to the patient.
(f) A physician acting reasonably and in good faith in
issuing a written protocol for dispensing, or a pharmacist acting
reasonably and in good faith in dispensing, a self-administered
hormonal contraceptive under this section is not liable for civil
damages resulting from an act or omission in the dispensing of the
contraceptive.
(g) A law governing coverage by a health benefit plan of a
contraceptive drug, device, product, or service applies to a
self-administered hormonal contraceptive dispensed under this
section to the same extent that the law applies to a
self-administered hormonal contraceptive dispensed under a
patient-specific prescription issued by a physician.
SECTION 2. Section 551.003(33), Occupations Code, is
amended to read as follows:
(33) "Practice of pharmacy" means:
(A) providing an act or service necessary to
provide pharmaceutical care;
(B) interpreting or evaluating a prescription
drug order or medication order;
(C) participating in drug or device selection as
authorized by law, and participating in drug administration, drug
regimen review, or drug or drug-related research;
(D) providing patient counseling;
(E) being responsible for:
(i) dispensing a prescription drug order or
distributing a medication order;
(ii) compounding or labeling a drug or
device, other than labeling by a manufacturer, repackager, or
distributor of a nonprescription drug or commercially packaged
prescription drug or device;
(iii) properly and safely storing a drug or
device; or
(iv) maintaining proper records for a drug
or device;
(F) performing for a patient a specific act of
drug therapy management delegated to a pharmacist by a written
protocol from a physician licensed in this state in compliance with
Subtitle B; [or]
(G) administering an immunization or vaccination
under a physician's written protocol; or
(H) dispensing a self-administered hormonal
contraceptive to a patient under a physician's written protocol
under Section 157.102.
SECTION 3. Section 483.001(11), Health and Safety Code, is
amended to read as follows:
(11) "Practice of pharmacy" has the meaning assigned
by Section 551.003, Occupations Code [means:
[(A) provision of those acts or services
necessary to provide pharmaceutical care;
[(B) interpretation and evaluation of
prescription drug orders or medication orders;
[(C) participation in drug and device selection
as authorized by law, drug administration, drug regimen review, or
drug or drug-related research;
[(D) provision of patient counseling;
[(E) responsibility for:
[(i) dispensing of prescription drug orders
or distribution of medication orders in the patient's best
interest;
[(ii) compounding and labeling of drugs and
devices, except labeling by a manufacturer, repackager, or
distributor of nonprescription drugs and commercially packaged
prescription drugs and devices;
[(iii) proper and safe storage of drugs and
devices; or
[(iv) maintenance of proper records for
drugs and devices. In this subdivision, "device" has the meaning
assigned by Subtitle J, Title 3, Occupations Code; or
[(F) performance of a specific act of drug
therapy management for a patient delegated to a pharmacist by a
written protocol from a physician licensed by the state under
Subtitle B, Title 3, Occupations Code].
SECTION 4. As soon as practicable after the effective date
of this Act, the Texas State Board of Pharmacy and the Texas Medical
Board shall adopt the rules required under Section 157.102,
Occupations Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2023.