Texas 2023 - 88th Regular

Texas House Bill HB1050 Compare Versions

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1	1	88R3072 BEE-D
2	2	By: Hinojosa H.B. No. 1050
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of pharmacists to dispense
8	8	self-administered hormonal contraceptives.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 157, Occupations Code, is
11	11	amended by adding Section 157.102 to read as follows:
12	12	Sec. 157.102. AUTHORIZATION TO DISPENSE SELF-ADMINISTERED
13	13	HORMONAL CONTRACEPTIVE UNDER WRITTEN PROTOCOL. (a) In this
14	14	section:
15	15	(1) "Pharmacist" has the meaning assigned by Section
16	16	551.003.
17	17	(2) "Written protocol" means a physician's written
18	18	order, standing medical order, standing delegation order, or other
19	19	order or protocol as defined by board rule.
20	20	(b) This section does not apply to:
21	21	(1) the issuing of a valid patient-specific
22	22	prescription for a hormonal contraceptive by a physician; or
23	23	(2) the dispensing of a hormonal contraceptive by a
24	24	pharmacist under a prescription described by Subdivision (1).
25	25	(c) A physician may issue a written protocol to authorize
26	26	the dispensing of a self-administered hormonal contraceptive that
27	27	is approved by the United States Food and Drug Administration to
28	28	prevent pregnancy, including an oral hormonal contraceptive, a
29	29	hormonal contraceptive vaginal ring, or a hormonal contraceptive
30	30	patch.
31	31	(d) Notwithstanding any other law, in accordance with rules
32	32	adopted under Subsection (e), a pharmacist may dispense a
33	33	self-administered hormonal contraceptive to a patient 18 years of
34	34	age or older under a written protocol and without any other
35	35	patient-specific prescription drug order.
36	36	(e) In consultation with a national professional
37	37	organization specializing in obstetrics and gynecology, the board
38	38	shall jointly adopt rules with the Texas State Board of Pharmacy to
39	39	establish standard procedures for a pharmacist to dispense a
40	40	self-administered hormonal contraceptive under this section.
41	41	Rules adopted under this subsection must require:
42	42	(1) a patient to complete and provide to a pharmacist a
43	43	nationally recognized self-screening risk assessment before the
44	44	pharmacist may dispense a self-administered hormonal contraceptive
45	45	to the patient; and
46	46	(2) a pharmacist to provide the patient with
47	47	information about the contraceptive dispensed to the patient.
48	48	(f) A physician acting reasonably and in good faith in
49	49	issuing a written protocol for dispensing, or a pharmacist acting
50	50	reasonably and in good faith in dispensing, a self-administered
51	51	hormonal contraceptive under this section is not liable for civil
52	52	damages resulting from an act or omission in the dispensing of the
53	53	contraceptive.
54	54	(g) A law governing coverage by a health benefit plan of a
55	55	contraceptive drug, device, product, or service applies to a
56	56	self-administered hormonal contraceptive dispensed under this
57	57	section to the same extent that the law applies to a
58	58	self-administered hormonal contraceptive dispensed under a
59	59	patient-specific prescription issued by a physician.
60	60	SECTION 2. Section 551.003(33), Occupations Code, is
61	61	amended to read as follows:
62	62	(33) "Practice of pharmacy" means:
63	63	(A) providing an act or service necessary to
64	64	provide pharmaceutical care;
65	65	(B) interpreting or evaluating a prescription
66	66	drug order or medication order;
67	67	(C) participating in drug or device selection as
68	68	authorized by law, and participating in drug administration, drug
69	69	regimen review, or drug or drug-related research;
70	70	(D) providing patient counseling;
71	71	(E) being responsible for:
72	72	(i) dispensing a prescription drug order or
73	73	distributing a medication order;
74	74	(ii) compounding or labeling a drug or
75	75	device, other than labeling by a manufacturer, repackager, or
76	76	distributor of a nonprescription drug or commercially packaged
77	77	prescription drug or device;
78	78	(iii) properly and safely storing a drug or
79	79	device; or
80	80	(iv) maintaining proper records for a drug
81	81	or device;
82	82	(F) performing for a patient a specific act of
83	83	drug therapy management delegated to a pharmacist by a written
84	84	protocol from a physician licensed in this state in compliance with
85	85	Subtitle B; [or]
86	86	(G) administering an immunization or vaccination
87	87	under a physician's written protocol; or
88	88	(H) dispensing a self-administered hormonal
89	89	contraceptive to a patient under a physician's written protocol
90	90	under Section 157.102.
91	91	SECTION 3. Section 483.001(11), Health and Safety Code, is
92	92	amended to read as follows:
93	93	(11) "Practice of pharmacy" has the meaning assigned
94	94	by Section 551.003, Occupations Code [means:
95	95	[(A) provision of those acts or services
96	96	necessary to provide pharmaceutical care;
97	97	[(B) interpretation and evaluation of
98	98	prescription drug orders or medication orders;
99	99	[(C) participation in drug and device selection
100	100	as authorized by law, drug administration, drug regimen review, or
101	101	drug or drug-related research;
102	102	[(D) provision of patient counseling;
103	103	[(E) responsibility for:
104	104	[(i) dispensing of prescription drug orders
105	105	or distribution of medication orders in the patient's best
106	106	interest;
107	107	[(ii) compounding and labeling of drugs and
108	108	devices, except labeling by a manufacturer, repackager, or
109	109	distributor of nonprescription drugs and commercially packaged
110	110	prescription drugs and devices;
111	111	[(iii) proper and safe storage of drugs and
112	112	devices; or
113	113	[(iv) maintenance of proper records for
114	114	drugs and devices. In this subdivision, "device" has the meaning
115	115	assigned by Subtitle J, Title 3, Occupations Code; or
116	116	[(F) performance of a specific act of drug
117	117	therapy management for a patient delegated to a pharmacist by a
118	118	written protocol from a physician licensed by the state under
119	119	Subtitle B, Title 3, Occupations Code].
120	120	SECTION 4. As soon as practicable after the effective date
121	121	of this Act, the Texas State Board of Pharmacy and the Texas Medical
122	122	Board shall adopt the rules required under Section 157.102,
123	123	Occupations Code, as added by this Act.
124	124	SECTION 5. This Act takes effect September 1, 2023.