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89(R) HB 3219 - House Committee Report version - Bill Text
89R25686 EAS-D
By: Shofner, Harris, Hefner, Virdell,
H.B. No. 3219
Pierson, et al.
Substitute the following for H.B. No. 3219:
By: VanDeaver
C.S.H.B. No. 3219
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 ivermectin.
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 DISPENSING OF
IVERMECTIN. (a)
The commissioner shall issue a statewide order
authorizing a licensed pharmacist to dispense ivermectin without a
health care practitioner's prescription order notwithstanding any
other law.
(b)
The statewide order must include written, standardized
procedures or protocols for a pharmacist to follow when dispensing
ivermectin and require the pharmacist to provide each patient with
instructions on the proper use of ivermectin.
(c)
Notwithstanding any other law, a pharmacist may
dispense ivermectin in accordance with the statewide order.
(d)
Notwithstanding any other law, a pharmacist acting in a
reasonably prudent manner is not criminally or civilly liable or
subject to professional disciplinary action for dispensing
ivermectin in accordance with the statewide order.
(e)
A pharmacist dispensing ivermectin in accordance with
the statewide order shall provide an annual written report in the
form and manner the department prescribes on the number of doses of
ivermectin the pharmacist dispensed in accordance with the
statewide order in the preceding calendar year.
(f)
The executive commissioner and the Texas State Board of
Pharmacy may adopt the rules necessary to implement this section.
(g)
Notwithstanding any other law, the commissioner's
issuance of a statewide order under Subsection (a) may not be the
basis for criminal or civil liability against the commissioner or
disciplinary action by a licensing entity in this state that issues
a license to the commissioner.
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.