| 1 | 1 | | 89R13527 GP-D |
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| 2 | 2 | | By: Hall S.B. No. 1985 |
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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 pharmacist's authority to refuse to dispense a drug. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 551.006, Occupations Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | Sec. 551.006. [EXCLUSIVE] AUTHORITY TO REFUSE TO DISPENSE. |
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| 14 | 14 | | (a) In this section, "emergency contraceptive" means a drug |
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| 15 | 15 | | containing an elevated dose of hormones that: |
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| 16 | 16 | | (1) is used postcoitally; |
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| 17 | 17 | | (2) prevents pregnancy by preventing fertilization of |
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| 18 | 18 | | an egg or preventing implantation of a fertilized egg in a uterus; |
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| 19 | 19 | | and |
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| 20 | 20 | | (3) is approved by the United States Food and Drug |
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| 21 | 21 | | Administration. |
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| 22 | 22 | | (b) Notwithstanding any other law, a pharmacist may refuse |
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| 23 | 23 | | to dispense a drug only if the drug is: |
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| 24 | 24 | | (1) an abortion-inducing drug or emergency |
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| 25 | 25 | | contraceptive; or |
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| 26 | 26 | | (2) a controlled substance listed in Schedules II |
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| 27 | 27 | | through V as established under Chapter 481, Health and Safety Code, |
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| 28 | 28 | | and the pharmacist reasonably suspects the drug will be misused |
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| 29 | 29 | | [has the exclusive authority to determine whether or not to |
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| 30 | 30 | | dispense a drug]. |
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| 31 | 31 | | (c) This section does not limit the ability of a pharmacist |
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| 32 | 32 | | to, in the exercise of sound professional judgment, confer with a |
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| 33 | 33 | | practitioner or provide drug information to a patient in the course |
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| 34 | 34 | | of the pharmacist's professional practice. |
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| 35 | 35 | | SECTION 2. 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, 2025. |
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