79R747 YDB-F
By: Thompson H.B. No. 1637
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 562.056.
SECTION 3. Subchapter B, Chapter 562, Occupations Code, is
amended by adding Sections 562.056 and 562.057 to read as follows:
Sec. 562.056. EMERGENCY CONTRACEPTION DRUG THERAPY. (a)
In this section and Section 562.057:
(1) "Initiate" means to provide emergency
contraception on patient request in accordance with a standing drug
therapy protocol.
(2) "Patient" means an individual 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 and Section 562.057.
(c) Subject to Section 562.057, 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 with whom the pharmacist has
entered into an agreement required by Subsection (d).
(d) A pharmacist may not initiate and distribute emergency
contraception drug therapy to a patient in accordance with standing
drug therapy protocol unless the pharmacist enters into an
agreement with at least one physician for purposes of the
initiation and distribution of the drug therapy. The requirement
of Section 157.101(c)(2) does not apply to drug therapy initiated
and distributed under this section.
(e) For each emergency contraception drug therapy initiated
and distributed, a pharmacist shall:
(1) provide the patient with a standardized fact sheet
developed by the board in accordance with Subsection (f);
(2) require the patient to complete a form requesting
information on possible contraindications to the drug therapy; and
(3) inform the physician with whom the pharmacist has
an agreement of the initiation and distribution of the emergency
contraception drug therapy in accordance with standing drug therapy
protocol.
(f) In consultation with the Texas State Board of Medical
Examiners, the Department of State Health Services, and the
American College of Obstetricians and Gynecologists, the board
shall develop a standardized fact sheet that includes:
(1) the indications for use of the drug therapy;
(2) the appropriate method for using the drug therapy;
and
(3) the necessity and importance of medical follow-up.
(g) Subsection (f) does not preclude the use of existing
publications developed by nationally recognized medical
organizations.
Sec. 562.057. TRAINING PROGRAM ON EMERGENCY CONTRACEPTION
DRUG THERAPY INITIATION AND DISTRIBUTION. (a) 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 initiation and distribution.
(b) The board and the Texas State Board of Medical Examiners
must develop and approve the training program.
(c) The training program must address:
(1) the relevant medical circumstances and
contraindications that make emergency contraception appropriate
for a patient;
(2) appropriate methods of conducting sensitive
communications related to providing the therapy;
(3) quality assurance;
(4) the availability of additional services and
procedures for making referrals to the services; and
(5) the documentation required by the board.
(d) The program provider shall issue a certificate of
completion to the pharmacist on completion of the training program.
(e) A pharmacist who initiates and distributes emergency
contraception drug therapy may display the certificate of
completion as provided by board rules.
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 562.056, Occupations Code.
SECTION 5. Not later than January 1, 2006, the Texas State
Board of Pharmacy shall:
(1) adopt the rules necessary to administer Sections
562.056 and 562.057, Occupations Code, as added by this Act;
(2) in consultation with the Texas State Board of
Medical Examiners, the Department of State Health Services, and the
American College of Obstetricians and Gynecologists, develop the
standardized fact sheet required by Section 562.056, 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 initiation and distribution required by
Section 562.057, 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, 2005.