| 1 | 1 | | 88R5977 KKR-D |
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| 2 | 2 | | By: Plesa H.B. No. 2853 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to an order issued by the commissioner of state health |
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| 8 | 8 | | services to authorize emergency contraceptives. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 1001, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 1001.090 to read as follows: |
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| 12 | 12 | | Sec. 1001.090. ORDER AUTHORIZING EMERGENCY CONTRACEPTIVES. |
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| 13 | 13 | | (a) In this section, "emergency contraceptive" means a drug |
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| 14 | 14 | | approved by the United States Food and Drug Administration for use |
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| 15 | 15 | | after sexual intercourse to prevent pregnancy. The term includes a |
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| 16 | 16 | | drug provided over the counter or dispensed under a prescription. |
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| 17 | 17 | | (b) The commissioner shall issue a statewide order to |
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| 18 | 18 | | authorize a licensed pharmacist to dispense an emergency |
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| 19 | 19 | | contraceptive notwithstanding any other law. |
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| 20 | 20 | | (c) The order must include written, standardized procedures |
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| 21 | 21 | | or protocols for a pharmacist to dispense an emergency |
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| 22 | 22 | | contraceptive and require the pharmacist to provide to each patient |
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| 23 | 23 | | instructions on the proper use of the emergency contraceptive. |
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| 24 | 24 | | (d) Notwithstanding any other law, a pharmacist may |
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| 25 | 25 | | dispense an emergency contraceptive in accordance with the order. |
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| 26 | 26 | | (e) Except for wilful misconduct or gross negligence and |
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| 27 | 27 | | notwithstanding any other law, a pharmacist acting in good faith is |
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| 28 | 28 | | not criminally or civilly liable or subject to professional |
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| 29 | 29 | | disciplinary action for dispensing an emergency contraceptive in |
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| 30 | 30 | | accordance with the order. |
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| 31 | 31 | | (f) A pharmacist dispensing an emergency contraceptive |
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| 32 | 32 | | shall provide an annual written report in the form and manner |
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| 33 | 33 | | prescribed by department rule on the number of emergency |
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| 34 | 34 | | contraceptives the pharmacist dispensed in the preceding calendar |
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| 35 | 35 | | year. |
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| 36 | 36 | | (g) The executive commissioner and the Texas State Board of |
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| 37 | 37 | | Pharmacy may adopt the rules necessary to implement this section. |
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| 38 | 38 | | SECTION 2. As soon as practicable after the effective date |
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| 39 | 39 | | of this Act, the commissioner of state health services shall issue |
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| 40 | 40 | | an order in accordance with Section 1001.090, Health and Safety |
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| 41 | 41 | | Code, as added by this Act. |
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| 42 | 42 | | SECTION 3. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect September 1, 2023. |
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