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A BILL TO BE ENTITLED
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AN ACT
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relating to written protocols for certain nonprescription drugs |
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under Medicaid and civil liability related to those protocols. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.0465 to read as follows: |
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Sec. 32.0465. WRITTEN PROTOCOLS FOR CERTAIN |
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NONPRESCRIPTION DRUGS; LIMITATION ON LIABILITY. (a) In this |
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section: |
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(1) "Health care provider" means a physician or other |
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person who is licensed, certified, or otherwise authorized by this |
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state's laws to prescribe a prescription drug in the ordinary |
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course of business or practice of a profession. |
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(2) "Medical director" means the medical director |
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employed by the executive commissioner under Section 523.0054, |
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Government Code. |
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(3) "Nonprescription drug," "pharmacist," "pharmacy |
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technician," "pharmacy technician trainee," "provide," and |
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"written protocol" have the meanings assigned by Section 551.003, |
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Occupations Code. |
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(4) "Recipient" means a medical assistance recipient. |
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(b) The medical director may issue a standing written |
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protocol for a nonprescription drug to support recipient access to |
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preventive care and improve recipient health during pregnancy and |
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the preconception and postpartum periods. A written protocol the |
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medical director issues under this subsection: |
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(1) must: |
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(A) include pharmacy instructions the medical |
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director determines necessary; |
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(B) identify the recipient population eligible |
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to obtain a nonprescription drug under the written protocol; and |
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(C) list each known contraindication; and |
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(2) expires on the first anniversary of the date the |
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medical director issues the written protocol. |
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(c) The medical director is immune from civil liability for |
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issuing a written protocol that complies with the requirements |
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listed in Subsection (b). |
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(d) A health care provider is immune from civil liability |
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for issuing a written protocol for a nonprescription drug for a |
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recipient that includes a list of each known contraindication. |
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(e) A pharmacist, pharmacy technician, or pharmacy |
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technician trainee is immune from civil liability for providing a |
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nonprescription drug to a recipient in accordance with a written |
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protocol described by Subsection (b) or (d). |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the later of the |
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effective date of this Act or the date any necessary waiver or |
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authorization described by Section 2 of this Act is granted. A |
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cause of action that accrues before the later of those dates is |
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governed by the law applicable to the cause of action immediately |
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before that date, and that law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |