89R25686 EAS-D
 
  By: Shofner, Harris, Hefner, Virdell, H.B. No. 3219
      Pierson, et al.
 
  Substitute the following for H.B. No. 3219:
 
  By:  VanDeaver C.S.H.B. No. 3219
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a statewide order issued by the commissioner of state
  health services authorizing a pharmacist to dispense ivermectin.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 1001, Health and Safety
  Code, is amended by adding Section 1001.090 to read as follows:
         Sec. 1001.090.  STATEWIDE ORDER AUTHORIZING DISPENSING OF
  IVERMECTIN. (a)  The commissioner shall issue a statewide order
  authorizing a licensed pharmacist to dispense ivermectin without a
  health care practitioner's prescription order notwithstanding any
  other law.
         (b)  The statewide order must include written, standardized
  procedures or protocols for a pharmacist to follow when dispensing
  ivermectin and require the pharmacist to provide each patient with
  instructions on the proper use of ivermectin.
         (c)  Notwithstanding any other law, a pharmacist may
  dispense ivermectin in accordance with the statewide order.
         (d)  Notwithstanding any other law, a pharmacist acting in a
  reasonably prudent manner is not criminally or civilly liable or
  subject to professional disciplinary action for dispensing
  ivermectin in accordance with the statewide order.
         (e)  A pharmacist dispensing ivermectin in accordance with
  the statewide order shall provide an annual written report in the
  form and manner the department prescribes on the number of doses of
  ivermectin the pharmacist dispensed in accordance with the
  statewide order in the preceding calendar year.
         (f)  The executive commissioner and the Texas State Board of
  Pharmacy may adopt the rules necessary to implement this section.
         (g)  Notwithstanding any other law, the commissioner's
  issuance of a statewide order under Subsection (a) may not be the
  basis for criminal or civil liability against the commissioner or
  disciplinary action by a licensing entity in this state that issues
  a license to the commissioner.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the commissioner of state health services shall issue a
  statewide order in accordance with Section 1001.090, Health and
  Safety Code, as added by this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2025.