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A BILL TO BE ENTITLED
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AN ACT
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relating to emergency refills of insulin and insulin-related |
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equipment or supplies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 562, Occupations Code, is |
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amended by adding Section 562.0541 to read as follows: |
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Sec. 562.0541. EMERGENCY REFILLS OF INSULIN AND |
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INSULIN-RELATED EQUIPMENT OR SUPPLIES. (a) In this section: |
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(1) "Insulin" includes an insulin analog and an |
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insulin-like medication, regardless of the activation period or |
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whether the solution is mixed before the prescription is dispensed. |
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(2) "Insulin-related equipment or supplies" includes |
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needles, syringes, cartridge systems, prefilled pen systems, |
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glucose meters, and test strips, but excludes insulin pumps. |
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(b) A pharmacist may provide an emergency refill of insulin |
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or insulin-related equipment or supplies if the pharmacist: |
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(1) successfully completes a training program adopted |
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by the board under Subsection (g); and |
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(2) complies with this section and rules adopted under |
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this section. |
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(c) Notwithstanding Section 562.054(a) and subject to |
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Subsection (b) of this section, a pharmacist may exercise the |
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pharmacist's professional judgment in refilling a prescription for |
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insulin or insulin-related equipment or supplies without the |
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authorization of the prescribing practitioner if the pharmacist: |
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(1) is unable to contact the practitioner after |
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reasonable effort; |
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(2) is provided with documentation showing that the |
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patient was previously prescribed insulin or insulin-related |
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equipment or supplies by a practitioner; |
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(3) assesses the patient to determine whether the |
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emergency refill is appropriate; |
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(4) creates a record that documents the patient's |
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visit that includes a notation describing the documentation |
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provided under Subdivision (2); and |
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(5) makes a reasonable attempt to inform the |
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practitioner of the emergency refill at the earliest reasonable |
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time. |
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(d) The quantity of an emergency refill of insulin may not |
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exceed a 30-day supply. The quantity of an emergency refill of |
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insulin-related equipment or supplies may not exceed the lesser of |
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a 30-day supply or the smallest available package. |
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(e) A pharmacist may not dispense an emergency refill of |
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insulin or insulin-related equipment or supplies to an individual |
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patient more than three times in a calendar year. |
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(f) The prescribing practitioner is not liable for an act or |
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omission by a pharmacist in dispensing an emergency refill of |
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insulin or insulin-related equipment or supplies under this |
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section. |
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(g) The board shall adopt a training program on dispensing |
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emergency refills of insulin and insulin-related equipment or |
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supplies that is accredited by the Accreditation Council for |
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Pharmacy Education or by that council's successor organization. |
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SECTION 2. Section 1358.054, Insurance Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) A health benefit plan described by Subsection (a) must |
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provide to each qualified enrollee coverage for emergency refills |
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of diabetes equipment or diabetes supplies dispensed to the |
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enrollee in accordance with Section 562.0541, Occupations Code, in |
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the same manner as for a nonemergency refill of diabetes equipment |
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or diabetes supplies. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the Texas State Board of Pharmacy shall adopt a |
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training course required by Section 562.0541, Occupations Code, as |
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added by this Act, and adopt rules necessary to implement that |
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section. |
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SECTION 4. Section 1358.054, Insurance Code, as amended by |
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this Act, applies only to a health benefit plan that is delivered, |
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issued for delivery, or renewed on or after January 1, 2022. |
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SECTION 5. This Act takes effect September 1, 2021. |