SRC-VRA S.B. 1339 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1339
78R4631 YDB-DBy: Wentworth, et al.
Health & Human Services
3/24/2003
As Filed


DIGEST AND PURPOSE 

Emergency contraception has the potential to reduce the number of
unintended pregnancies and abortions.  As proposed, S.B. 1339 requires the
Texas State Board of Pharmacy to develop a training program on emergency
contraception drug therapy in cooperation with the Texas State Board of
Medical Examiners and to develop a standardized fact sheet to be
distributed to patients. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas State Board of
Pharmacy in SECTION 3 (Section 562.055, Occupations Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 157.101(a), Occupations Code, to provide that
in this subchapter, rather than section, "pharmacist" has the meaning
assigned by Section 551.003. 

SECTION 2.  Amends Chapter 157C, Occupations Code, by adding Section
157.102, as follows: 
 
Sec. 157.102.  EMERGENCY CONTRACEPTION DRUG THERAPY.  Authorizes a
pharmacist to initiate emergency contraception drug therapy in accordance
with Sections 157.101 and 562.055. 

SECTION 3.  Chapter 562B, Occupations Code, by adding Section 562.055, as
follows: 
 
Sec. 562.055.  EMERGENCY CONTRACEPTION DRUG THERAPY.  (a)  Defines
"initiate," "patient," and "physician." 
 
(b)  Requires the Texas State Board of Pharmacy (TSBP) to adopt rules
necessary to administer this section. 
 
(c)  Authorizes a pharmacist to exercise the pharmacist's professional
judgment to initiate and distribute emergency contraception drug therapy
to a patient in accordance with certain rules and procedures. 
 
(d)  Prohibits a pharmacist from initiating or distributing emergency
contraception drug therapy unless the pharmacist has successfully
completed a training program on emergency contraception drug therapy.
Requires the training program on emergency contraception drug therapy to
be approved by TSBP and the Texas State Board of Medical Examiners and to
address certain factors. 
  
(e)  Requires the program provider, on completion of the training program,
to issue a certificate of completion to the pharmacist.  Authorizes a
pharmacist who initiates and distributes emergency contraception drug
therapy to display the certificate as provided by TSBP rules. 
 
 (f)  Requires a pharmacist who initiates and distributes emergency
contraception drug therapy to a patient in accordance with standing drug
therapy protocol to enter into an agreement with at least one physician
for purposes of this section. 
 
 (g) Requires the pharmacist, for each emergency contraception drug
therapy initiated and  distributed, to take certain actions. 
   
(h)  Requires TSBP to develop the standardized fact sheet in consultation
with the Texas State Board of Medical Examiners, the Texas Department of
Health, and the American College of Obstetricians and Gynecologists.
Provides that this subsection does not preclude the use of existing
publications developed by nationally recognized medical organizations. 

SECTION 4.  Amends Section 483.042, Health and Safety Code, by adding
Subsection (g), to provide that it is an exception to the application of
Subsection (a) that a dangerous drug was a contraceptive and was delivered
by a pharmacist in accordance with Section 562.055, Occupations Code. 

SECTION 5.  Requires TSBP, not later than January 1, 2004, to perform
certain actions. 
 
SECTION 6.  (a) and (b).   Make application of this Act prospective.
 
SECTION 7.  Effective date:  September 1, 2003.