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