Bill Text: TX SB301 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to prescribing, administering, or dispensing ivermectin or hydroxychloroquine sulfate.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-04-28 - Referred to Public Health [SB301 Detail]
Download: Texas-2023-SB301-Engrossed.html
| By: Hall | S.B. No. 301 | |
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| relating to prescribing, administering, or dispensing ivermectin | ||
| or hydroxychloroquine sulfate. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 439, Health and Safety Code, is amended | ||
| by adding Subchapter D to read as follows: | ||
| SUBCHAPTER D. IVERMECTIN AND HYDROXYCHLOROQUINE SULFATE | ||
| Sec. 439.051. DEFINITIONS. In this subchapter: | ||
| (1) "Health care provider" means a person licensed or | ||
| otherwise authorized under state law to prescribe prescription | ||
| drugs to a patient. | ||
| (2) "Pharmacist" means a person licensed by the Texas | ||
| State Board of Pharmacy to practice pharmacy. | ||
| Sec. 439.052. PROHIBITED GROUNDS FOR DISCIPLINARY ACTION. | ||
| The state agency with licensing or regulatory authority over a | ||
| health care provider or pharmacist may not revoke, fail to renew, | ||
| suspend, or take any action against the health care provider's or | ||
| pharmacist's license, permit, registration, certificate, or other | ||
| authority based solely on the health care provider prescribing or | ||
| administering or the pharmacist dispensing ivermectin or | ||
| hydroxychloroquine sulfate to a patient. | ||
| Sec. 439.053. CIVIL LIABILITY. A health care provider or | ||
| pharmacist who prescribes, administers, or dispenses, as | ||
| applicable, ivermectin or hydroxychloroquine sulfate in accordance | ||
| with this subchapter is immune from civil liability based solely on | ||
| that action unless the action constitutes gross negligence or | ||
| wilful misconduct. | ||
| SECTION 2. The changes in law made by this Act apply to a | ||
| prescription issued or a drug administered or dispensed on or after | ||
| the effective date of 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, 2023. | ||
