88R10229 MCF-D
By: Johnson of Dallas H.B. No. 3774
A BILL TO BE ENTITLED
AN ACT
relating to civil and criminal liability for pharmacists and
pharmacies that dispense misoprostol.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
amended by adding Chapter 180 to read as follows:
CHAPTER 180. LIMITATIONS ON LIABILITY FOR PROVISION OF HEALTH CARE
SERVICES
Sec. 180.001. LIMITED LIABILITY FOR DISPENSING
MISOPROSTOL. Notwithstanding any other law, a pharmacist or
pharmacy is not civilly or criminally liable for dispensing
misoprostol, as prescribed by a physician, for use in the treatment
of a medical condition if at least one use of misoprostol is
authorized under state law to treat a medical condition, regardless
of whether prescribing or dispensing misoprostol for another use is
illegal under state law.
SECTION 2. 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.