88R1438 EAS-D
By: Hall S.B. No. 301
A BILL TO BE ENTITLED
AN ACT
relating to prescribing, dispensing, administering, or otherwise
providing ivermectin or hydroxychloroquine sulfate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 439, Health and Safety Code, is amended
by adding Subchapter D to read as follows:
SUBCHAPTER D. IVERMECTIN AND HYDROXYCHLOROQUINE SULFATE
Sec. 439.051. DEFINITIONS. In this subchapter:
(1) "Health care provider" means a person licensed or
otherwise authorized under state law to prescribe prescription
drugs to a patient.
(2) "Pharmacist" means a person licensed by the Texas
State Board of Pharmacy to practice pharmacy.
Sec. 439.052. PROHIBITED GROUNDS FOR DISCIPLINARY ACTION.
The state agency with licensing or regulatory authority over a
health care provider or pharmacist may not revoke, fail to renew,
suspend, or take any action against the health care provider's or
pharmacist's license, permit, registration, certificate, or other
authority based solely on the health care provider or pharmacist
prescribing, dispensing, administering, or otherwise providing
ivermectin or hydroxychloroquine sulfate to a patient.
Sec. 439.053. CERTAIN COMMUNICATIONS BY PHARMACIST
PROHIBITED. A pharmacist may not contact a health care provider or
patient to dispute the efficacy or otherwise provide medical advice
on the safety of ivermectin or hydroxychloroquine sulfate for human
consumption unless the provider or patient asks the pharmacist
about the efficacy or safety of those drugs.
Sec. 439.054. CIVIL LIABILITY. A health care provider or
pharmacist who prescribes, dispenses, administers, or otherwise
provides ivermectin or hydroxychloroquine sulfate in accordance
with this subchapter is immune from civil liability based solely on
that action unless the action constitutes gross negligence or
wilful misconduct.
SECTION 2. The changes in law made by this Act apply to a
prescription issued or a drug dispensed, administered, or provided
on or after the effective date of 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.