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Amend CSSB 240 (senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS accordingly:
SECTION ____. Subchapter B, Chapter 151, Occupations Code, is amended by adding Section 151.056 to read as follows:
Sec. 151.056. LIMITATION ON DISCIPLINARY ACTIONS RELATING TO TELEHEALTH OR MAILED PRESCRIPTIONS. (a) Notwithstanding any other law, a health care provider or pharmacist may not be subject to disciplinary action by a licensing authority or held civilly liable solely for prescribing, dispensing, or delivering a prescription drug through telehealth or mail order to a person located in this state if:
(1) the provider is licensed and acting within the scope of lawful practice in another state;
(2) the prescription is issued in compliance with the laws of the state in which the prescriber is located; and
(3) the drug is approved by the United States Food and Drug Administration.
(b) The receipt of a legally prescribed medication by a patient located in this state through telehealth consultation or mail delivery may not serve as the sole basis for initiating an investigation or enforcement action by a state agency.
(c) Nothing in this section shall be construed to authorize the unlawful practice of medicine or pharmacy within this state.