| 1 | 1 | | 81R6587 YDB-F |
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| 2 | 2 | | By: Hopson H.B. No. 1409 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the minimum patient age for administration of an |
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| 8 | 8 | | immunization or vaccination by a pharmacist. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 554.052(c) and (d), Occupations Code, |
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| 11 | 11 | | are amended to read as follows: |
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| 12 | 12 | | (c) Supervision by a physician is adequate if the delegating |
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| 13 | 13 | | physician: |
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| 14 | 14 | | (1) is responsible for formulating or approving an |
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| 15 | 15 | | order or protocol, including the physician's order, standing |
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| 16 | 16 | | medical order, or standing delegation order, and periodically |
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| 17 | 17 | | reviews the order or protocol and the services provided to a patient |
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| 18 | 18 | | under the order or protocol; |
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| 19 | 19 | | (2) has established a physician-patient relationship |
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| 20 | 20 | | with each patient under seven [14] years of age and referred the |
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| 21 | 21 | | patient to the pharmacist; |
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| 22 | 22 | | (3) is geographically located to be easily accessible |
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| 23 | 23 | | to the pharmacy where an immunization or vaccination is |
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| 24 | 24 | | administered; |
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| 25 | 25 | | (4) receives, as appropriate, a periodic status report |
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| 26 | 26 | | on the patient, including any problem or complication encountered; |
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| 27 | 27 | | and |
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| 28 | 28 | | (5) is available through direct telecommunication for |
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| 29 | 29 | | consultation, assistance, and direction. |
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| 30 | 30 | | (d) The Texas [State Board of] Medical Board [Examiners] by |
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| 31 | 31 | | rule shall establish the minimum content of a written order or |
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| 32 | 32 | | protocol. The order or protocol may not permit delegation of |
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| 33 | 33 | | medical diagnosis. |
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| 34 | 34 | | SECTION 2. This Act takes effect September 1, 2009. |
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