89R5961 MPF-D     By: Plesa H.B. No. 2182       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 an emergency   contraceptive.          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 EMERGENCY   CONTRACEPTIVES. (a) In this section, "emergency contraceptive"   means a drug the United States Food and Drug Administration   approves 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   authorizing a licensed pharmacist to dispense an emergency   contraceptive without a health care practitioner's prescription   order notwithstanding any other law.          (c)  The statewide order must include written, standardized   procedures or protocols for a pharmacist to follow when dispensing   an emergency contraceptive and require the pharmacist to provide   each patient with 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   statewide 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 statewide order.          (f)  A pharmacist dispensing an emergency contraceptive in   accordance with the statewide order shall provide an annual written   report in the form and manner the department prescribes on the   number of emergency contraceptives the pharmacist dispensed in   accordance with the statewide order 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 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.