By: Bucy, et al. (Senate Sponsor - Miles) H.B. No. 1935
         (In the Senate - Received from the House May 12, 2021;
  May 12, 2021, read first time and referred to Committee on Health &
  Human Services; May 20, 2021, reported favorably by the following
  vote:  Yeas 8, Nays 0; May 20, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to emergency refills of insulin and insulin-related
  equipment or supplies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 562, Occupations Code, is
  amended by adding Section 562.0541 to read as follows:
         Sec. 562.0541.  EMERGENCY REFILLS OF INSULIN AND
  INSULIN-RELATED EQUIPMENT OR SUPPLIES. (a) In this section:
               (1)  "Insulin" includes an insulin analog and an
  insulin-like medication, regardless of the activation period or
  whether the solution is mixed before the prescription is dispensed.
               (2)  "Insulin-related equipment or supplies" includes
  needles, syringes, cartridge systems, prefilled pen systems,
  glucose meters, and test strips, but excludes insulin pumps.
         (b)  A pharmacist may provide an emergency refill of insulin
  or insulin-related equipment or supplies if the pharmacist complies
  with this section and rules adopted under this section.
         (c)  Notwithstanding Section 562.054(a) and subject to
  Subsection (b) of this section, a pharmacist may exercise the
  pharmacist's professional judgment in refilling a prescription for
  insulin or insulin-related equipment or supplies without the
  authorization of the prescribing practitioner if the pharmacist:
               (1)  is unable to contact the practitioner after
  reasonable effort;
               (2)  is provided with documentation showing that the
  patient was previously prescribed insulin or insulin-related
  equipment or supplies by a practitioner;
               (3)  assesses the patient to determine whether the
  emergency refill is appropriate;
               (4)  creates a record that documents the patient's
  visit that includes a notation describing the documentation
  provided under Subdivision (2); and
               (5)  makes a reasonable attempt to inform the
  practitioner of the emergency refill at the earliest reasonable
  time.
         (d)  The quantity of an emergency refill of insulin may not
  exceed a 30-day supply. The quantity of an emergency refill of
  insulin-related equipment or supplies may not exceed the lesser of
  a 30-day supply or the smallest available package.
         (e)  The prescribing practitioner is not liable for an act or
  omission by a pharmacist in dispensing an emergency refill of
  insulin or insulin-related equipment or supplies under this
  section.
         SECTION 2.  Section 1358.054, Insurance Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  A health benefit plan described by Subsection (a) must
  provide to each qualified enrollee coverage for emergency refills
  of diabetes equipment or diabetes supplies dispensed to the
  enrollee in accordance with Section 562.0541, Occupations Code, in
  the same manner as for a nonemergency refill of diabetes equipment
  or diabetes supplies.
         SECTION 3.  As soon as practicable after the effective date
  of this Act, the Texas State Board of Pharmacy shall adopt rules
  necessary to implement Section 562.0541, Occupations Code, as added
  by this Act.
         SECTION 4.  Section 1358.054, Insurance Code, as amended by
  this Act, applies only to a health benefit plan that is delivered,
  issued for delivery, or renewed on or after January 1, 2022.
         SECTION 5.  This Act takes effect September 1, 2021.
 
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