TITLE: Relating to a pharmacist's authority to refuse to dispense a drug.

SUMMARY: Relating to a pharmacist's authority to refuse to dispense a drug.

FULL TEXT:
AN ACT relating to a pharmacist's authority to refuse to dispense a drug. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 551.006, Occupations Code, is amended to read as follows: Sec. 551.006. [EXCLUSIVE] AUTHORITY TO REFUSE TO DISPENSE.(a) In this section, "emergency contraceptive" means a drug containing an elevated dose of hormones that: (1) is used postcoitally; (2) prevents pregnancy by preventing fertilization of an egg or preventing implantation of a fertilized egg in a uterus; and (3) is approved by the United States Food and Drug Administration. (b) Notwithstanding any other law, a pharmacist may refuse to dispense a drug only if the drug is: (1) an abortion-inducing drug or emergency contraceptive; or (2) a controlled substance listed in Schedules II through Vas established under Chapter 481, Health and Safety Code, and the pharmacist reasonably suspects the drug will be misused [has the exclusive authority to determine whether or not to dispense a drug].(c) This section does not limit the ability of a pharmacist to, in the exercise of sound professional judgment, confer with a practitioner or provide drug information to a patient in the course of the pharmacist's professional practice. SECTION 2. 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.