Alvarado Bill Allows A One-Year Standing Order For Medicaid Pregnancy Drugs

The text as introduced · 488 words

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.