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