1 | 1 | | 84R1436 NC-F |
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2 | 2 | | By: Perry S.B. No. 480 |
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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 administration of a medication, immunization, or |
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8 | 8 | | 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. The heading to Section 554.004, Occupations |
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11 | 11 | | Code, is amended to read as follows: |
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12 | 12 | | Sec. 554.004. ADMINISTRATION OF MEDICATION, IMMUNIZATION, |
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13 | 13 | | OR VACCINATION. |
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14 | 14 | | SECTION 2. Section 554.004(a), Occupations Code, is amended |
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15 | 15 | | to read as follows: |
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16 | 16 | | (a) The board shall specify conditions under which a |
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17 | 17 | | pharmacist may administer medication, including an immunization or |
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18 | 18 | | [and] vaccination. The conditions for the administration of an |
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19 | 19 | | immunization or vaccination must ensure that: |
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20 | 20 | | (1) [a licensed health care provider authorized to |
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21 | 21 | | administer the medication is not reasonably available to administer |
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22 | 22 | | the medication; |
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23 | 23 | | [(2) failure to administer the medication, other than |
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24 | 24 | | an immunization or vaccination, might result in a significant delay |
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25 | 25 | | or interruption of a critical phase of drug therapy; |
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26 | 26 | | [(3)] the pharmacist possesses the necessary skill, |
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27 | 27 | | education, and certification as specified by the board to |
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28 | 28 | | administer the immunization or vaccination [medication]; |
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29 | 29 | | (2) [(4)] within a reasonable time after |
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30 | 30 | | administering an immunization or vaccination [medication], the |
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31 | 31 | | pharmacist notifies the licensed health care provider responsible |
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32 | 32 | | for the patient's care that the immunization or vaccination |
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33 | 33 | | [medication] was administered; |
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34 | 34 | | (3) [(5)] the pharmacist may not administer an |
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35 | 35 | | immunization or vaccination [medication] to a patient at the |
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36 | 36 | | patient's residence, except at a licensed nursing home or hospital; |
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37 | 37 | | (4) [(6)] the pharmacist administers an immunization |
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38 | 38 | | or vaccination under a physician's written protocol and meets the |
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39 | 39 | | standards established by the board; and |
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40 | 40 | | (5) [(7)] the authority of a pharmacist to administer |
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41 | 41 | | an immunization or vaccination [medication] may not be delegated. |
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42 | 42 | | SECTION 3. Sections 554.052(a) and (c), Occupations Code, |
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43 | 43 | | are amended to read as follows: |
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44 | 44 | | (a) The board by rule shall require a pharmacist to notify a |
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45 | 45 | | physician who prescribes an immunization or vaccination [within 24 |
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46 | 46 | | hours] after the pharmacist administers the immunization or |
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47 | 47 | | vaccination. The physician shall prescribe the period for providing |
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48 | 48 | | notice and the form of the notice in the physician's written |
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49 | 49 | | protocol. The period for providing notice may not be later than the |
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50 | 50 | | 14th day after the date the immunization or vaccination is |
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51 | 51 | | administered. |
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52 | 52 | | (c) Supervision by a physician is adequate if the delegating |
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53 | 53 | | physician: |
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54 | 54 | | (1) is responsible for formulating or approving an |
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55 | 55 | | order or protocol, including the physician's order, standing |
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56 | 56 | | medical order, or standing delegation order, and periodically |
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57 | 57 | | reviews the order or protocol and the services provided to a patient |
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58 | 58 | | under the order or protocol; |
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59 | 59 | | (2) [except as provided by Subsection (c-1),] has |
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60 | 60 | | established a physician-patient relationship with each patient |
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61 | 61 | | under seven [14] years of age and referred the patient to the |
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62 | 62 | | pharmacist; |
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63 | 63 | | (3) is geographically located to be easily accessible |
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64 | 64 | | to the pharmacy where an immunization or vaccination is |
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65 | 65 | | administered; |
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66 | 66 | | (4) receives, as appropriate, a periodic status report |
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67 | 67 | | on the patient, including any problem or complication encountered; |
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68 | 68 | | and |
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69 | 69 | | (5) is available through direct telecommunication for |
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70 | 70 | | consultation, assistance, and direction. |
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71 | 71 | | SECTION 4. Section 554.052(c-1), Occupations Code, is |
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72 | 72 | | repealed. |
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73 | 73 | | SECTION 5. This Act takes effect September 1, 2015. |
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