| 1 | 1 | | 88R10229 MCF-D |
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| 2 | 2 | | By: Johnson of Dallas H.B. No. 3774 |
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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 civil and criminal liability for pharmacists and |
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| 8 | 8 | | pharmacies that dispense misoprostol. |
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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. Subtitle H, Title 2, Health and Safety Code, is |
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| 11 | 11 | | amended by adding Chapter 180 to read as follows: |
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| 12 | 12 | | CHAPTER 180. LIMITATIONS ON LIABILITY FOR PROVISION OF HEALTH CARE |
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| 13 | 13 | | SERVICES |
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| 14 | 14 | | Sec. 180.001. LIMITED LIABILITY FOR DISPENSING |
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| 15 | 15 | | MISOPROSTOL. Notwithstanding any other law, a pharmacist or |
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| 16 | 16 | | pharmacy is not civilly or criminally liable for dispensing |
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| 17 | 17 | | misoprostol, as prescribed by a physician, for use in the treatment |
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| 18 | 18 | | of a medical condition if at least one use of misoprostol is |
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| 19 | 19 | | authorized under state law to treat a medical condition, regardless |
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| 20 | 20 | | of whether prescribing or dispensing misoprostol for another use is |
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| 21 | 21 | | illegal under state law. |
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| 22 | 22 | | SECTION 2. This Act takes effect immediately if it receives |
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| 23 | 23 | | a vote of two-thirds of all the members elected to each house, as |
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| 24 | 24 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 25 | 25 | | Act does not receive the vote necessary for immediate effect, this |
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| 26 | 26 | | Act takes effect September 1, 2023. |
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