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A BILL TO BE ENTITLED
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AN ACT
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relating to an order issued by the commissioner of state health |
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services to authorize emergency contraceptives. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 1001, Health and Safety |
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Code, is amended by adding Section 1001.090 to read as follows: |
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Sec. 1001.090. ORDER AUTHORIZING EMERGENCY CONTRACEPTIVES. |
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(a) In this section, "emergency contraceptive" means a drug |
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approved by the United States Food and Drug Administration for use |
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after sexual intercourse to prevent pregnancy. The term includes a |
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drug provided over the counter or dispensed under a prescription. |
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(b) The commissioner shall issue a statewide order to |
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authorize a licensed pharmacist to dispense an emergency |
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contraceptive notwithstanding any other law. |
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(c) The order must include written, standardized procedures |
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or protocols for a pharmacist to dispense an emergency |
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contraceptive and require the pharmacist to provide to each patient |
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instructions on the proper use of the emergency contraceptive. |
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(d) Notwithstanding any other law, a pharmacist may |
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dispense an emergency contraceptive in accordance with the order. |
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(e) Except for wilful misconduct or gross negligence and |
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notwithstanding any other law, a pharmacist acting in good faith is |
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not criminally or civilly liable or subject to professional |
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disciplinary action for dispensing an emergency contraceptive in |
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accordance with the order. |
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(f) A pharmacist dispensing an emergency contraceptive |
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shall provide an annual written report in the form and manner |
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prescribed by department rule on the number of emergency |
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contraceptives the pharmacist dispensed in the preceding calendar |
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year. |
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(g) The executive commissioner and the Texas State Board of |
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Pharmacy may adopt the rules necessary to implement this section. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the commissioner of state health services shall issue |
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an order in accordance with Section 1001.090, Health and Safety |
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Code, as added by this Act. |
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SECTION 3. 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, 2023. |