Bill Text: TX HB2853 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to an order issued by the commissioner of state health services to authorize emergency contraceptives.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-14 - Referred to Public Health [HB2853 Detail]
Download: Texas-2023-HB2853-Introduced.html
88R5977 KKR-D | ||
By: Plesa | H.B. No. 2853 |
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relating to an order issued by the commissioner of state health | ||
services to authorize emergency contraceptives. | ||
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. ORDER AUTHORIZING EMERGENCY CONTRACEPTIVES. | ||
(a) In this section, "emergency contraceptive" means a drug | ||
approved by the United States Food and Drug Administration for use | ||
after sexual intercourse to prevent pregnancy. The term includes a | ||
drug provided over the counter or dispensed under a prescription. | ||
(b) The commissioner shall issue a statewide order to | ||
authorize a licensed pharmacist to dispense an emergency | ||
contraceptive notwithstanding any other law. | ||
(c) The order must include written, standardized procedures | ||
or protocols for a pharmacist to dispense an emergency | ||
contraceptive and require the pharmacist to provide to each patient | ||
instructions on the proper use of the emergency contraceptive. | ||
(d) Notwithstanding any other law, a pharmacist may | ||
dispense an emergency contraceptive in accordance with the order. | ||
(e) Except for wilful misconduct or gross negligence and | ||
notwithstanding any other law, a pharmacist acting in good faith is | ||
not criminally or civilly liable or subject to professional | ||
disciplinary action for dispensing an emergency contraceptive in | ||
accordance with the order. | ||
(f) A pharmacist dispensing an emergency contraceptive | ||
shall provide an annual written report in the form and manner | ||
prescribed by department rule on the number of emergency | ||
contraceptives the pharmacist dispensed in the preceding calendar | ||
year. | ||
(g) The executive commissioner and the Texas State Board of | ||
Pharmacy may adopt the rules necessary to implement this section. | ||
SECTION 2. As soon as practicable after the effective date | ||
of this Act, the commissioner of state health services shall issue | ||
an 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, 2023. |