88R3072 BEE-D     By: Hinojosa H.B. No. 1050       A BILL TO BE ENTITLED   AN ACT   relating to the authority of pharmacists to dispense   self-administered hormonal contraceptives.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 157, Occupations Code, is   amended by adding Section 157.102 to read as follows:          Sec. 157.102.  AUTHORIZATION TO DISPENSE SELF-ADMINISTERED   HORMONAL CONTRACEPTIVE UNDER WRITTEN PROTOCOL. (a) In this   section:                (1)  "Pharmacist" has the meaning assigned by Section   551.003.                (2)  "Written protocol" means a physician's written   order, standing medical order, standing delegation order, or other   order or protocol as defined by board rule.          (b)  This section does not apply to:                (1)  the issuing of a valid patient-specific   prescription for a hormonal contraceptive by a physician; or                (2)  the dispensing of a hormonal contraceptive by a   pharmacist under a prescription described by Subdivision (1).          (c)  A physician may issue a written protocol to authorize   the dispensing of a self-administered hormonal contraceptive that   is approved by the United States Food and Drug Administration to   prevent pregnancy, including an oral hormonal contraceptive, a   hormonal contraceptive vaginal ring, or a hormonal contraceptive   patch.          (d)  Notwithstanding any other law, in accordance with rules   adopted under Subsection (e), a pharmacist may dispense a   self-administered hormonal contraceptive to a patient 18 years of   age or older under a written protocol and without any other   patient-specific prescription drug order.          (e)  In consultation with a national professional   organization specializing in obstetrics and gynecology, the board   shall jointly adopt rules with the Texas State Board of Pharmacy to   establish standard procedures for a pharmacist to dispense a   self-administered hormonal contraceptive under this section.   Rules adopted under this subsection must require:                (1)  a patient to complete and provide to a pharmacist a   nationally recognized self-screening risk assessment before the   pharmacist may dispense a self-administered hormonal contraceptive   to the patient; and                (2)  a pharmacist to provide the patient with   information about the contraceptive dispensed to the patient.          (f)  A physician acting reasonably and in good faith in   issuing a written protocol for dispensing, or a pharmacist acting   reasonably and in good faith in dispensing, a self-administered   hormonal contraceptive under this section is not liable for civil   damages resulting from an act or omission in the dispensing of the   contraceptive.          (g)  A law governing coverage by a health benefit plan of a   contraceptive drug, device, product, or service applies to a   self-administered hormonal contraceptive dispensed under this   section to the same extent that the law applies to a   self-administered hormonal contraceptive dispensed under a   patient-specific prescription issued by a physician.          SECTION 2.  Section 551.003(33), Occupations Code, is   amended to read as follows:                (33)  "Practice of pharmacy" means:                      (A)  providing an act or service necessary to   provide pharmaceutical care;                      (B)  interpreting or evaluating a prescription   drug order or medication order;                      (C)  participating in drug or device selection as   authorized by law, and participating in drug administration, drug   regimen review, or drug or drug-related research;                      (D)  providing patient counseling;                      (E)  being responsible for:                            (i)  dispensing a prescription drug order or   distributing a medication order;                            (ii)  compounding or labeling a drug or   device, other than labeling by a manufacturer, repackager, or   distributor of a nonprescription drug or commercially packaged   prescription drug or device;                            (iii)  properly and safely storing a drug or   device; or                            (iv)  maintaining proper records for a drug   or device;                      (F)  performing for a patient a specific act of   drug therapy management delegated to a pharmacist by a written   protocol from a physician licensed in this state in compliance with   Subtitle B; [or]                      (G)  administering an immunization or vaccination   under a physician's written protocol; or                      (H)  dispensing a self-administered hormonal   contraceptive to a patient under a physician's written protocol   under Section 157.102.          SECTION 3.  Section 483.001(11), Health and Safety Code, is   amended to read as follows:                (11)  "Practice of pharmacy" has the meaning assigned   by Section 551.003, Occupations Code [means:                      [(A)  provision of those acts or services   necessary to provide pharmaceutical care;                      [(B)  interpretation and evaluation of   prescription drug orders or medication orders;                      [(C)  participation in drug and device selection   as authorized by law, drug administration, drug regimen review, or   drug or drug-related research;                      [(D)  provision of patient counseling;                      [(E)  responsibility for:                            [(i)  dispensing of prescription drug orders   or distribution of medication orders in the patient's best   interest;                            [(ii)  compounding and labeling of drugs and   devices, except labeling by a manufacturer, repackager, or   distributor of nonprescription drugs and commercially packaged   prescription drugs and devices;                            [(iii)  proper and safe storage of drugs and   devices; or                            [(iv)  maintenance of proper records for   drugs and devices. In this subdivision, "device" has the meaning   assigned by Subtitle J, Title 3, Occupations Code; or                      [(F)  performance of a specific act of drug   therapy management for a patient delegated to a pharmacist by a   written protocol from a physician licensed by the state under   Subtitle B, Title 3, Occupations Code].          SECTION 4.  As soon as practicable after the effective date   of this Act, the Texas State Board of Pharmacy and the Texas Medical   Board shall adopt the rules required under Section 157.102,   Occupations Code, as added by this Act.          SECTION 5.  This Act takes effect September 1, 2023.