89R5961 MPF-D
By: Plesa H.B. No. 2182
A BILL TO BE ENTITLED
AN ACT
relating to a statewide order issued by the commissioner of state
health services authorizing a pharmacist to dispense an emergency
contraceptive.
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. STATEWIDE ORDER AUTHORIZING EMERGENCY
CONTRACEPTIVES. (a) In this section, "emergency contraceptive"
means a drug the United States Food and Drug Administration
approves 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
authorizing a licensed pharmacist to dispense an emergency
contraceptive without a health care practitioner's prescription
order notwithstanding any other law.
(c) The statewide order must include written, standardized
procedures or protocols for a pharmacist to follow when dispensing
an emergency contraceptive and require the pharmacist to provide
each patient with 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
statewide 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 statewide order.
(f) A pharmacist dispensing an emergency contraceptive in
accordance with the statewide order shall provide an annual written
report in the form and manner the department prescribes on the
number of emergency contraceptives the pharmacist dispensed in
accordance with the statewide order 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 a
statewide 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, 2025.