89R13767 CMO-F
By: Alvarado, Cook S.B. No. 1500
A BILL TO BE ENTITLED
AN ACT
relating to written protocols for certain nonprescription drugs
under Medicaid and civil liability related to those protocols.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.0465 to read as follows:
Sec. 32.0465. WRITTEN PROTOCOLS FOR CERTAIN
NONPRESCRIPTION DRUGS; LIMITATION ON LIABILITY. (a) In this
section:
(1) "Health care provider" means a physician or other
person who is licensed, certified, or otherwise authorized by this
state's laws to prescribe a prescription drug in the ordinary
course of business or practice of a profession.
(2) "Medical director" means the medical director
employed by the executive commissioner under Section 523.0054,
Government Code.
(3) "Nonprescription drug," "pharmacist," "pharmacy
technician," "pharmacy technician trainee," "provide," and
"written protocol" have the meanings assigned by Section 551.003,
Occupations Code.
(4) "Recipient" means a medical assistance recipient.
(b) The medical director may issue a standing written
protocol for a nonprescription drug to support recipient access to
preventive care and improve recipient health during pregnancy and
the preconception and postpartum periods. A written protocol the
medical director issues under this subsection:
(1) must:
(A) include pharmacy instructions the medical
director determines necessary;
(B) identify the recipient population eligible
to obtain a nonprescription drug under the written protocol; and
(C) list each known contraindication; and
(2) expires on the first anniversary of the date the
medical director issues the written protocol.
(c) The medical director is immune from civil liability for
issuing a written protocol that complies with the requirements
listed in Subsection (b).
(d) A health care provider is immune from civil liability
for issuing a written protocol for a nonprescription drug for a
recipient that includes a list of each known contraindication.
(e) A pharmacist, pharmacy technician, or pharmacy
technician trainee is immune from civil liability for providing a
nonprescription drug to a recipient in accordance with a written
protocol described by Subsection (b) or (d).
SECTION 2. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 3. The change in law made by this Act applies only
to a cause of action that accrues on or after the later of the
effective date of this Act or the date any necessary waiver or
authorization described by Section 2 of this Act is granted. A
cause of action that accrues before the later of those dates is
governed by the law applicable to the cause of action immediately
before that date, and that law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2025.