| 1 | 1 | | 81R2062 BEF-D |
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| 2 | 2 | | By: Hopson H.B. No. 427 |
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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 authority of physicians to delegate to certain |
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| 8 | 8 | | pharmacists the implementation and modification of a patient's drug |
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| 9 | 9 | | therapy. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 157.101, Occupations Code, is amended by |
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| 12 | 12 | | adding Subsection (b-1) to read as follows: |
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| 13 | 13 | | (b-1) A delegation under Subsection (b) may include the |
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| 14 | 14 | | implementation or modification of a patient's drug therapy under a |
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| 15 | 15 | | protocol, including the authority to sign a prescription drug order |
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| 16 | 16 | | for dangerous drugs, if: |
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| 17 | 17 | | (1) the delegation follows a diagnosis, initial |
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| 18 | 18 | | patient assessment, and drug therapy order by the physician; |
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| 19 | 19 | | (2) the pharmacist practices in a hospital, |
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| 20 | 20 | | hospital-based clinic, or an academic health care institution; |
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| 21 | 21 | | (3) the pharmacist provides the name, address, and |
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| 22 | 22 | | telephone number of the pharmacist and of the delegating physician |
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| 23 | 23 | | on each prescription signed by the pharmacist; and |
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| 24 | 24 | | (4) the pharmacist provides a copy of the protocol to |
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| 25 | 25 | | the Texas State Board of Pharmacy. |
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| 26 | 26 | | SECTION 2. Subchapter A, Chapter 554, Occupations Code, is |
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| 27 | 27 | | amended by adding Section 554.017 to read as follows: |
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| 28 | 28 | | Sec. 554.017. LIST OF PHARMACISTS AUTHORIZED TO SIGN |
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| 29 | 29 | | PRESCRIPTION DRUG ORDERS. The board shall provide on its Internet |
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| 30 | 30 | | website a list of pharmacists who are authorized to sign a |
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| 31 | 31 | | prescription drug order under Section 157.101(b-1), including the |
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| 32 | 32 | | name of the pharmacist's delegating physician under the protocol |
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| 33 | 33 | | required under that subsection. |
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| 34 | 34 | | SECTION 3. Subchapter B, Chapter 554, Occupations Code, is |
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| 35 | 35 | | amended by adding Section 554.057 to read as follows: |
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| 36 | 36 | | Sec. 554.057. RULEMAKING; IMPLEMENTATION OF DRUG THERAPY |
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| 37 | 37 | | UNDER PROTOCOL. The board, with the advice of the Texas Medical |
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| 38 | 38 | | Board, shall adopt rules that allow a pharmacist to implement or |
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| 39 | 39 | | modify a patient's drug therapy pursuant to a physician's |
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| 40 | 40 | | delegation under Section 157.101(b-1). |
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| 41 | 41 | | SECTION 4. Not later than December 1, 2009, the Texas State |
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| 42 | 42 | | Board of Pharmacy shall adopt rules under Section 554.057, |
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| 43 | 43 | | Occupations Code, as added by this Act. |
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| 44 | 44 | | SECTION 5. This Act takes effect September 1, 2009. |
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