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