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.