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A BILL TO BE ENTITLED
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AN ACT
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relating to a pharmacist's authority to refuse to dispense a drug. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 551.006, Occupations Code, is amended to |
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read as follows: |
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Sec. 551.006. [EXCLUSIVE] AUTHORITY TO REFUSE TO DISPENSE. |
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(a) In this section, "emergency contraceptive" means a drug |
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containing an elevated dose of hormones that: |
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(1) is used postcoitally; |
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(2) prevents pregnancy by preventing fertilization of |
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an egg or preventing implantation of a fertilized egg in a uterus; |
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and |
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(3) is approved by the United States Food and Drug |
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Administration. |
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(b) Notwithstanding any other law, a pharmacist may refuse |
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to dispense a drug only if the drug is: |
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(1) an abortion-inducing drug or emergency |
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contraceptive; or |
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(2) a controlled substance listed in Schedules II |
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through V as established under Chapter 481, Health and Safety Code, |
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and the pharmacist reasonably suspects the drug will be misused |
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[has the exclusive authority to determine whether or not to |
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dispense a drug]. |
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(c) This section does not limit the ability of a pharmacist |
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to, in the exercise of sound professional judgment, confer with a |
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practitioner or provide drug information to a patient in the course |
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of the pharmacist's professional practice. |
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SECTION 2. 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, 2025. |