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A BILL TO BE ENTITLED
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AN ACT
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relating to prescribing, dispensing, administering, or otherwise |
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providing ivermectin or hydroxychloroquine sulfate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 439, Health and Safety Code, is amended |
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by adding Subchapter D to read as follows: |
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SUBCHAPTER D. IVERMECTIN AND HYDROXYCHLOROQUINE SULFATE |
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Sec. 439.051. DEFINITIONS. In this subchapter: |
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(1) "Health care provider" means a person licensed or |
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otherwise authorized under state law to prescribe prescription |
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drugs to a patient. |
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(2) "Pharmacist" means a person licensed by the Texas |
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State Board of Pharmacy to practice pharmacy. |
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Sec. 439.052. PROHIBITED GROUNDS FOR DISCIPLINARY ACTION. |
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The state agency with licensing or regulatory authority over a |
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health care provider or pharmacist may not revoke, fail to renew, |
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suspend, or take any action against the health care provider's or |
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pharmacist's license, permit, registration, certificate, or other |
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authority based solely on the health care provider or pharmacist |
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prescribing, dispensing, administering, or otherwise providing |
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ivermectin or hydroxychloroquine sulfate to a patient. |
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Sec. 439.053. CERTAIN COMMUNICATIONS BY PHARMACIST |
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PROHIBITED. A pharmacist may not contact a health care provider or |
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patient to dispute the efficacy or otherwise provide medical advice |
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on the safety of ivermectin or hydroxychloroquine sulfate for human |
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consumption unless the provider or patient asks the pharmacist |
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about the efficacy or safety of those drugs. |
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Sec. 439.054. CIVIL LIABILITY. A health care provider or |
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pharmacist who prescribes, dispenses, administers, or otherwise |
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provides ivermectin or hydroxychloroquine sulfate in accordance |
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with this subchapter is immune from civil liability based solely on |
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that action unless the action constitutes gross negligence or |
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wilful misconduct. |
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SECTION 2. The changes in law made by this Act apply to a |
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prescription issued or a drug dispensed, administered, or provided |
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on or after the effective date of 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. |