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A BILL TO BE ENTITLED
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AN ACT
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relating to civil and criminal liability for pharmacists and |
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pharmacies that dispense misoprostol. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 2, Health and Safety Code, is |
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amended by adding Chapter 180 to read as follows: |
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CHAPTER 180. LIMITATIONS ON LIABILITY FOR PROVISION OF HEALTH CARE |
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SERVICES |
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Sec. 180.001. LIMITED LIABILITY FOR DISPENSING |
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MISOPROSTOL. Notwithstanding any other law, a pharmacist or |
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pharmacy is not civilly or criminally liable for dispensing |
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misoprostol, as prescribed by a physician, for use in the treatment |
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of a medical condition if at least one use of misoprostol is |
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authorized under state law to treat a medical condition, regardless |
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of whether prescribing or dispensing misoprostol for another use is |
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illegal under state law. |
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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, 2023. |