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