| 1 | 1 | | By: Hall S.B. No. 301 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to prescribing, administering, or dispensing ivermectin |
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| 7 | 7 | | or hydroxychloroquine sulfate. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 439, Health and Safety Code, is amended |
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| 10 | 10 | | by adding Subchapter D to read as follows: |
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| 11 | 11 | | SUBCHAPTER D. IVERMECTIN AND HYDROXYCHLOROQUINE SULFATE |
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| 12 | 12 | | Sec. 439.051. DEFINITIONS. In this subchapter: |
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| 13 | 13 | | (1) "Health care provider" means a person licensed or |
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| 14 | 14 | | otherwise authorized under state law to prescribe prescription |
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| 15 | 15 | | drugs to a patient. |
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| 16 | 16 | | (2) "Pharmacist" means a person licensed by the Texas |
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| 17 | 17 | | State Board of Pharmacy to practice pharmacy. |
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| 18 | 18 | | Sec. 439.052. PROHIBITED GROUNDS FOR DISCIPLINARY ACTION. |
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| 19 | 19 | | The state agency with licensing or regulatory authority over a |
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| 20 | 20 | | health care provider or pharmacist may not revoke, fail to renew, |
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| 21 | 21 | | suspend, or take any action against the health care provider's or |
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| 22 | 22 | | pharmacist's license, permit, registration, certificate, or other |
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| 23 | 23 | | authority based solely on the health care provider prescribing or |
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| 24 | 24 | | administering or the pharmacist dispensing ivermectin or |
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| 25 | 25 | | hydroxychloroquine sulfate to a patient. |
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| 26 | 26 | | Sec. 439.053. CIVIL LIABILITY. A health care provider or |
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| 27 | 27 | | pharmacist who prescribes, administers, or dispenses, as |
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| 28 | 28 | | applicable, ivermectin or hydroxychloroquine sulfate in accordance |
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| 29 | 29 | | with this subchapter is immune from civil liability based solely on |
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| 30 | 30 | | that action unless the action constitutes gross negligence or |
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| 31 | 31 | | wilful misconduct. |
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| 32 | 32 | | SECTION 2. The changes in law made by this Act apply to a |
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| 33 | 33 | | prescription issued or a drug administered or dispensed on or after |
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| 34 | 34 | | the effective date of this Act. |
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| 35 | 35 | | SECTION 3. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2023. |
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