Texas 2025 - 89th Regular

Texas Senate Bill SB1500 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R13767 CMO-F
2	2	By: Alvarado, Cook S.B. No. 1500
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to written protocols for certain nonprescription drugs
10	10	under Medicaid and civil liability related to those protocols.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
13	13	is amended by adding Section 32.0465 to read as follows:
14	14	Sec. 32.0465. WRITTEN PROTOCOLS FOR CERTAIN
15	15	NONPRESCRIPTION DRUGS; LIMITATION ON LIABILITY. (a) In this
16	16	section:
17	17	(1) "Health care provider" means a physician or other
18	18	person who is licensed, certified, or otherwise authorized by this
19	19	state's laws to prescribe a prescription drug in the ordinary
20	20	course of business or practice of a profession.
21	21	(2) "Medical director" means the medical director
22	22	employed by the executive commissioner under Section 523.0054,
23	23	Government Code.
24	24	(3) "Nonprescription drug," "pharmacist," "pharmacy
25	25	technician," "pharmacy technician trainee," "provide," and
26	26	"written protocol" have the meanings assigned by Section 551.003,
27	27	Occupations Code.
28	28	(4) "Recipient" means a medical assistance recipient.
29	29	(b) The medical director may issue a standing written
30	30	protocol for a nonprescription drug to support recipient access to
31	31	preventive care and improve recipient health during pregnancy and
32	32	the preconception and postpartum periods. A written protocol the
33	33	medical director issues under this subsection:
34	34	(1) must:
35	35	(A) include pharmacy instructions the medical
36	36	director determines necessary;
37	37	(B) identify the recipient population eligible
38	38	to obtain a nonprescription drug under the written protocol; and
39	39	(C) list each known contraindication; and
40	40	(2) expires on the first anniversary of the date the
41	41	medical director issues the written protocol.
42	42	(c) The medical director is immune from civil liability for
43	43	issuing a written protocol that complies with the requirements
44	44	listed in Subsection (b).
45	45	(d) A health care provider is immune from civil liability
46	46	for issuing a written protocol for a nonprescription drug for a
47	47	recipient that includes a list of each known contraindication.
48	48	(e) A pharmacist, pharmacy technician, or pharmacy
49	49	technician trainee is immune from civil liability for providing a
50	50	nonprescription drug to a recipient in accordance with a written
51	51	protocol described by Subsection (b) or (d).
52	52	SECTION 2. If before implementing any provision of this Act
53	53	a state agency determines that a waiver or authorization from a
54	54	federal agency is necessary for implementation of that provision,
55	55	the agency affected by the provision shall request the waiver or
56	56	authorization and may delay implementing that provision until the
57	57	waiver or authorization is granted.
58	58	SECTION 3. The change in law made by this Act applies only
59	59	to a cause of action that accrues on or after the later of the
60	60	effective date of this Act or the date any necessary waiver or
61	61	authorization described by Section 2 of this Act is granted. A
62	62	cause of action that accrues before the later of those dates is
63	63	governed by the law applicable to the cause of action immediately
64	64	before that date, and that law is continued in effect for that
65	65	purpose.
66	66	SECTION 4. This Act takes effect September 1, 2025.