78R4631 YDB-D
By: Thompson H.B. No. 1381
A BILL TO BE ENTITLED
AN ACT
relating to emergency contraception drug therapy initiated and
distributed by a pharmacist to a patient in accordance with drug
therapy protocol.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 157.101(a), Occupations Code, is amended
to read as follows:
(a) In this subchapter [section], "pharmacist" has the
meaning assigned by Section 551.003.
SECTION 2. Subchapter C, Chapter 157, Occupations Code, is
amended by adding Section 157.102 to read as follows:
Sec. 157.102. EMERGENCY CONTRACEPTION DRUG THERAPY. A
pharmacist may initiate emergency contraception drug therapy in
accordance with Sections 157.101 and 562.055.
SECTION 3. Subchapter B, Chapter 562, Occupations Code, is
amended by adding Section 562.055 to read as follows:
Sec. 562.055. EMERGENCY CONTRACEPTION DRUG THERAPY. (a)
In this section:
(1) "Initiate" means to provide emergency
contraception on patient request pursuant to a collaborative drug
therapy protocol.
(2) "Patient" means a person to whom contraception
drug therapy is dispensed and distributed as provided by this
section.
(3) "Physician" has the meaning assigned by Section
151.002.
(b) The board shall adopt rules necessary to administer this
section.
(c) A pharmacist may exercise the pharmacist's professional
judgment to initiate and distribute emergency contraception drug
therapy to a patient in accordance with:
(1) this section and board rules; and
(2) standardized procedures and protocols developed
by the pharmacist and a physician described by Subsection (f).
(d) A pharmacist may not initiate or distribute emergency
contraception drug therapy unless the pharmacist has successfully
completed a training program on emergency contraception drug
therapy. The training program on emergency contraception drug
therapy must be approved by the board and the Texas State Board of
Medical Examiners and must address:
(1) the relevant medical circumstances and
contraindications that make emergency contraception appropriate
for a patient;
(2) how to conduct sensitive communications in
connection with providing the therapy;
(3) quality assurance;
(4) the availability of and how to make referrals to
additional services; and
(5) the documentation required by the board.
(e) On completion of the training program, the program
provider shall issue a certificate of completion to the pharmacist.
A pharmacist who initiates and distributes emergency contraception
drug therapy may display the certificate as provided by board
rules.
(f) A pharmacist who initiates and distributes emergency
contraception drug therapy to a patient in accordance with standing
drug therapy protocol must enter into an agreement with at least one
physician for purposes of this section.
(g) For each emergency contraception drug therapy initiated
and distributed, the pharmacist shall:
(1) provide the patient with a standardized fact sheet
developed by the board in accordance with Subsection (h) that
includes:
(A) the indications for use of the drug;
(B) the appropriate method for using the drug
therapy; and
(C) the need for medical followup;
(2) require the patient to complete a form that
requests information on possible contraindictions to the drug
therapy; and
(3) inform the physician with whom the pharmacist has
an agreement of the emergency contraception drug therapy in
accordance with standing drug therapy protocol.
(h) The board shall 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. This subsection does not preclude
the use of existing publications developed by nationally recognized
medical organizations.
SECTION 4. Section 483.042, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) 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. Not later than January 1, 2004, the Texas State
Board of Pharmacy shall:
(1) adopt the rules necessary to administer Section
562.055, Occupations Code, as added by this Act;
(2) in consultation with the Texas State Board of
Medical Examiners, the Texas Department of Health, and the American
College of Obstetricians and Gynecologists, develop the
standardized fact sheet required by Section 562.055, Occupations
Code, as added by this Act; and
(3) in cooperation with the Texas State Board of
Medical Examiners, develop the training program on emergency
contraception drug therapy required by Section 562.055,
Occupations Code, as added by this Act.
SECTION 6. (a) The change in law made by this Act to Section
483.042, Health and Safety Code, applies only to an offense
committed on or after the effective date of this Act. For purposes
of this section, an offense is committed before the effective date
of this Act if any element of the offense occurs before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2003.