Bill Text: TX SB1500 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to written protocols for certain nonprescription drugs under Medicaid and civil liability related to those protocols.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2025-02-20 - Filed [SB1500 Detail]
Download: Texas-2025-SB1500-Introduced.html
| 89R13767 CMO-F | ||
| By: Alvarado, Cook | S.B. No. 1500 | |
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| 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. | ||
