89R13767 CMO-F     By: Alvarado, Cook S.B. No. 1500       A BILL TO BE ENTITLED   AN ACT   relating to written protocols for certain nonprescription drugs   under Medicaid and civil liability related to those protocols.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 32, Human Resources Code,   is amended by adding Section 32.0465 to read as follows:          Sec. 32.0465.  WRITTEN PROTOCOLS FOR CERTAIN   NONPRESCRIPTION DRUGS; LIMITATION ON LIABILITY. (a) In this   section:                (1)  "Health care provider" means a physician or other   person who is licensed, certified, or otherwise authorized by this   state's laws to prescribe a prescription drug in the ordinary   course of business or practice of a profession.                (2)  "Medical director" means the medical director   employed by the executive commissioner under Section 523.0054,   Government Code.                (3)  "Nonprescription drug," "pharmacist," "pharmacy   technician," "pharmacy technician trainee," "provide," and   "written protocol" have the meanings assigned by Section 551.003,   Occupations Code.                (4)  "Recipient" means a medical assistance recipient.          (b)  The medical director may issue a standing written   protocol for a nonprescription drug to support recipient access to   preventive care and improve recipient health during pregnancy and   the preconception and postpartum periods.  A written protocol the   medical director issues under this subsection:                (1)  must:                      (A)  include pharmacy instructions the medical   director determines necessary;                      (B)  identify the recipient population eligible   to obtain a nonprescription drug under the written protocol; and                      (C)  list each known contraindication; and                (2)  expires on the first anniversary of the date the   medical director issues the written protocol.          (c)  The medical director is immune from civil liability for   issuing a written protocol that complies with the requirements   listed in Subsection (b).          (d)  A health care provider is immune from civil liability   for issuing a written protocol for a nonprescription drug for a   recipient that includes a list of each known contraindication.          (e)  A pharmacist, pharmacy technician, or pharmacy   technician trainee is immune from civil liability for providing a   nonprescription drug to a recipient in accordance with a written   protocol described by Subsection (b) or (d).          SECTION 2.  If before implementing any provision of this Act   a state agency determines that a waiver or authorization from a   federal agency is necessary for implementation of that provision,   the agency affected by the provision shall request the waiver or   authorization and may delay implementing that provision until the   waiver or authorization is granted.          SECTION 3.  The change in law made by this Act applies only   to a cause of action that accrues on or after the later of the   effective date of this Act or the date any necessary waiver or   authorization described by Section 2 of this Act is granted.  A   cause of action that accrues before the later of those dates is   governed by the law applicable to the cause of action immediately   before that date, and that law is continued in effect for that   purpose.          SECTION 4.  This Act takes effect September 1, 2025.