H.B. No. 1935

	AN ACT
	relating to emergency refills of insulin and insulin-related
	equipment or supplies.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter B, Chapter 562, Occupations Code, is
	amended by adding Section 562.0541 to read as follows:
	Sec. 562.0541.  EMERGENCY REFILLS OF INSULIN AND
	INSULIN-RELATED EQUIPMENT OR SUPPLIES. (a) In this section:
	(1)  "Insulin" includes an insulin analog and an
	insulin-like medication, regardless of the activation period or
	whether the solution is mixed before the prescription is dispensed.
	(2)  "Insulin-related equipment or supplies" includes
	needles, syringes, cartridge systems, prefilled pen systems,
	glucose meters, continuous glucose monitor supplies, and test
	strips, but excludes insulin pumps.
	(b)  A pharmacist may provide an emergency refill of insulin
	or insulin-related equipment or supplies if the pharmacist complies
	with this section and rules adopted under this section.
	(c)  Notwithstanding Section 562.054(a) and subject to
	Subsection (b) of this section, a pharmacist may exercise the
	pharmacist's professional judgment in refilling a prescription for
	insulin or insulin-related equipment or supplies without the
	authorization of the prescribing practitioner if the pharmacist:
	(1)  is unable to contact the practitioner after
	reasonable effort;
	(2)  is provided with documentation showing that the
	patient was previously prescribed insulin or insulin-related
	equipment or supplies by a practitioner;
	(3)  assesses the patient to determine whether the
	emergency refill is appropriate;
	(4)  creates a record that documents the patient's
	visit that includes a notation describing the documentation
	provided under Subdivision (2); and
	(5)  makes a reasonable attempt to inform the
	practitioner of the emergency refill at the earliest reasonable
	time.
	(d)  The quantity of an emergency refill of insulin may not
	exceed a 30-day supply. The quantity of an emergency refill of
	insulin-related equipment or supplies may not exceed the lesser of
	a 30-day supply or the smallest available package.
	(e)  The prescribing practitioner is not liable for an act or
	omission by a pharmacist in dispensing an emergency refill of
	insulin or insulin-related equipment or supplies under this
	section.
	SECTION 2.  Section 1358.054, Insurance Code, is amended by
	adding Subsection (a-1) to read as follows:
	(a-1)  A health benefit plan described by Subsection (a) must
	provide to each qualified enrollee coverage for emergency refills
	of diabetes equipment or diabetes supplies dispensed to the
	enrollee in accordance with Section 562.0541, Occupations Code, in
	the same manner as for a nonemergency refill of diabetes equipment
	or diabetes supplies.
	SECTION 3.  As soon as practicable after the effective date
	of this Act, the Texas State Board of Pharmacy shall adopt rules
	necessary to implement Section 562.0541, Occupations Code, as added
	by this Act.
	SECTION 4.  Section 1358.054, Insurance Code, as amended by
	this Act, applies only to a health benefit plan that is delivered,
	issued for delivery, or renewed on or after January 1, 2022.
	SECTION 5.  This Act takes effect September 1, 2021.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1935 was passed by the House on May
	11, 2021, by the following vote:  Yeas 131, Nays 12, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 1935 on May 28, 2021, by the following vote:  Yeas 143, Nays 1,
	2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1935 was passed by the Senate, with
	amendments, on May 24, 2021, by the following vote:  Yeas 30, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor