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A BILL TO BE ENTITLED
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AN ACT
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relating to disclosing information to persons obtaining emergency |
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contraception. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 2, Health and Safety Code, is |
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amended by adding Chapter 172 to read as follows: |
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CHAPTER 172. EMERGENCY CONTRACEPTION |
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Sec. 172.001. DEFINITIONS. In this chapter: |
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(1) "Emergency contraception" means a drug that: |
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(A) is used postcoitally; |
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(B) prevents pregnancy by preventing |
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fertilization of an egg or preventing implantation of an egg in a |
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uterus; and |
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(C) is approved by the United States Food and |
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Drug Administration. |
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(2) "Pharmacist" means a person licensed to practice |
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pharmacy by the Texas State Board of Pharmacy. |
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Sec. 172.002. DUTY TO INFORM. (a) Before a pharmacist may |
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dispense or distribute emergency contraception, the pharmacist |
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must inform the recipient that emergency contraception may prevent: |
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(1) the fertilization of an egg; or |
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(2) the implantation of a fertilized egg in the |
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uterus. |
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(b) A pharmacist must provide the information required by |
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Subsection (a) orally and in writing. |
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Sec. 172.003. SIGN REQUIRED. A business establishment at |
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which emergency contraception is dispensed or distributed shall |
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display a sign, in clear view of each cash register in the |
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establishment, that is at least 18 inches high by 24 inches wide and |
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that, in block letters in a font that may be read clearly, reads in |
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English and Spanish: |
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"IF YOU BELIEVE THAT LIFE BEGINS AT FERTILIZATION--THE POINT |
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WHERE THE SPERM AND EGG UNITE--THEN YOU NEED TO KNOW THAT EMERGENCY |
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CONTRACEPTION MAY EITHER FUNCTION AS A CONTRACEPTIVE TO PREVENT THE |
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EGG AND SPERM FROM UNITING OR PREVENT THE IMPLANTATION OF YOUR |
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ALREADY FERTILIZED EGG IN YOUR WOMB. THE PHARMACIST DISPENSING |
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THIS DRUG IS REQUIRED TO EXPLAIN TO YOU HOW THE PRODUCT MAY HELP TO |
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PREVENT YOUR PREGNANCY." |
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Sec. 172.004. PREREQUISITES TO SALE. (a) Before |
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dispensing or distributing emergency contraception over the |
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counter, a business establishment must: |
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(1) require the person obtaining the drug to: |
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(A) display a driver's license or other form of |
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identification containing the person's photograph and indicating |
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that the person is 18 years of age or older; and |
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(B) sign for the purchase; and |
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(2) make a record of the transaction, including: |
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(A) the name of the person obtaining the drug; |
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(B) the date the drug is dispensed or |
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distributed; and |
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(C) an acknowledgment that the pharmacist |
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provided the person obtaining the drug with the information |
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required by Section 172.002. |
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(b) The business establishment shall maintain each record |
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made under this section until at least the second anniversary of the |
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date the record is made. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |