| 1 | 1 | | 89R5961 MPF-D |
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| 2 | 2 | | By: Plesa H.B. No. 2182 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a statewide order issued by the commissioner of state |
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| 10 | 10 | | health services authorizing a pharmacist to dispense an emergency |
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| 11 | 11 | | contraceptive. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter D, Chapter 1001, Health and Safety |
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| 14 | 14 | | Code, is amended by adding Section 1001.090 to read as follows: |
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| 15 | 15 | | Sec. 1001.090. STATEWIDE ORDER AUTHORIZING EMERGENCY |
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| 16 | 16 | | CONTRACEPTIVES. (a) In this section, "emergency contraceptive" |
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| 17 | 17 | | means a drug the United States Food and Drug Administration |
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| 18 | 18 | | approves for use after sexual intercourse to prevent pregnancy. |
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| 19 | 19 | | The term includes a drug provided over the counter or dispensed |
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| 20 | 20 | | under a prescription. |
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| 21 | 21 | | (b) The commissioner shall issue a statewide order |
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| 22 | 22 | | authorizing a licensed pharmacist to dispense an emergency |
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| 23 | 23 | | contraceptive without a health care practitioner's prescription |
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| 24 | 24 | | order notwithstanding any other law. |
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| 25 | 25 | | (c) The statewide order must include written, standardized |
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| 26 | 26 | | procedures or protocols for a pharmacist to follow when dispensing |
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| 27 | 27 | | an emergency contraceptive and require the pharmacist to provide |
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| 28 | 28 | | each patient with instructions on the proper use of the emergency |
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| 29 | 29 | | contraceptive. |
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| 30 | 30 | | (d) Notwithstanding any other law, a pharmacist may |
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| 31 | 31 | | dispense an emergency contraceptive in accordance with the |
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| 32 | 32 | | statewide order. |
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| 33 | 33 | | (e) Except for wilful misconduct or gross negligence and |
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| 34 | 34 | | notwithstanding any other law, a pharmacist acting in good faith is |
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| 35 | 35 | | not criminally or civilly liable or subject to professional |
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| 36 | 36 | | disciplinary action for dispensing an emergency contraceptive in |
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| 37 | 37 | | accordance with the statewide order. |
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| 38 | 38 | | (f) A pharmacist dispensing an emergency contraceptive in |
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| 39 | 39 | | accordance with the statewide order shall provide an annual written |
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| 40 | 40 | | report in the form and manner the department prescribes on the |
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| 41 | 41 | | number of emergency contraceptives the pharmacist dispensed in |
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| 42 | 42 | | accordance with the statewide order in the preceding calendar year. |
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| 43 | 43 | | (g) The executive commissioner and the Texas State Board of |
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| 44 | 44 | | Pharmacy may adopt the rules necessary to implement this section. |
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| 45 | 45 | | SECTION 2. As soon as practicable after the effective date |
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| 46 | 46 | | of this Act, the commissioner of state health services shall issue a |
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| 47 | 47 | | statewide order in accordance with Section 1001.090, Health and |
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| 48 | 48 | | Safety Code, as added by this Act. |
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| 49 | 49 | | SECTION 3. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2025. |
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