Texas 2019 - 86th Regular

Texas House Bill HB1827 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R9300 BEE-F
2	2	By: Howard H.B. No. 1827
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of pharmacists to furnish certain
8	8	medications.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 483.001(11), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(11) "Practice of pharmacy" has the meaning assigned
13	13	by Section 551.003, Occupations Code [means:
14	14	[(A) provision of those acts or services
15	15	necessary to provide pharmaceutical care;
16	16	[(B) interpretation and evaluation of
17	17	prescription drug orders or medication orders;
18	18	[(C) participation in drug and device selection
19	19	as authorized by law, drug administration, drug regimen review, or
20	20	drug or drug-related research;
21	21	[(D) provision of patient counseling;
22	22	[(E) responsibility for:
23	23	[(i) dispensing of prescription drug orders
24	24	or distribution of medication orders in the patient's best
25	25	interest;
26	26	[(ii) compounding and labeling of drugs and
27	27	devices, except labeling by a manufacturer, repackager, or
28	28	distributor of nonprescription drugs and commercially packaged
29	29	prescription drugs and devices;
30	30	[(iii) proper and safe storage of drugs and
31	31	devices; or
32	32	[(iv) maintenance of proper records for
33	33	drugs and devices. In this subdivision, "device" has the meaning
34	34	assigned by Subtitle J, Title 3, Occupations Code; or
35	35	[(F) performance of a specific act of drug
36	36	therapy management for a patient delegated to a pharmacist by a
37	37	written protocol from a physician licensed by the state under
38	38	Subtitle B, Title 3, Occupations Code].
39	39	SECTION 2. Subchapter C, Chapter 157, Occupations Code, is
40	40	amended by adding Section 157.102 to read as follows:
41	41	Sec. 157.102. DELEGATION TO PHARMACIST TO FURNISH CERTAIN
42	42	DRUGS. (a) In this section:
43	43	(1) "Acute condition" means a condition or disease
44	44	that begins abruptly, intensifies rapidly, and is generally not
45	45	long-lasting.
46	46	(2) "Pharmacist" has the meaning assigned by Section
47	47	551.003.
48	48	(3) "Waived clinical laboratory test" means a clinical
49	49	laboratory test that is classified as waived under federal
50	50	regulations issued under the Clinical Laboratory Improvement
51	51	Amendments of 1988 (42 U.S.C. Section 263a).
52	52	(4) "Written protocol" means a physician's written
53	53	order, standing medical order, standing delegation order, or other
54	54	order or protocol as defined by rule of the board.
55	55	(b) Notwithstanding any other law, a pharmacist may furnish
56	56	to a patient, as provided by a physician's written protocol, a
57	57	prescription drug to treat an acute condition that is identified
58	58	through performance of one of the following tests, if the test is a
59	59	waived clinical laboratory test:
60	60	(1) a rapid strep test or rapid antigen detection test
61	61	used in the identification of group A streptococcus (GAS); or
62	62	(2) a rapid influenza diagnostic test used in the
63	63	identification of influenza types A and B.
64	64	(c) The board shall adopt rules jointly with the Texas State
65	65	Board of Pharmacy to establish the minimum content of the written
66	66	protocol required under Subsection (b). The written protocol may
67	67	permit a pharmacist to furnish a prescription drug to a patient
68	68	without an established physician-patient relationship.
69	69	(d) A written protocol under this section must require
70	70	notice to the patient's primary care physician, as identified by
71	71	the patient if the patient has a primary care physician, and
72	72	prescribe the period for providing the notice and the form of the
73	73	notice, in accordance with prevailing practices for the provision
74	74	of notice to a patient's primary care physician. The period for
75	75	providing the notice may not be later than the 14th day after the
76	76	date the drug is furnished by the pharmacist.
77	77	SECTION 3. Section 551.003(33), Occupations Code, is
78	78	amended to read as follows:
79	79	(33) "Practice of pharmacy" means:
80	80	(A) providing an act or service necessary to
81	81	provide pharmaceutical care;
82	82	(B) interpreting or evaluating a prescription
83	83	drug order or medication order;
84	84	(C) participating in drug or device selection as
85	85	authorized by law, and participating in drug administration, drug
86	86	regimen review, or drug or drug-related research;
87	87	(D) providing patient counseling;
88	88	(E) being responsible for:
89	89	(i) dispensing a prescription drug order or
90	90	distributing a medication order;
91	91	(ii) compounding or labeling a drug or
92	92	device, other than labeling by a manufacturer, repackager, or
93	93	distributor of a nonprescription drug or commercially packaged
94	94	prescription drug or device;
95	95	(iii) properly and safely storing a drug or
96	96	device; or
97	97	(iv) maintaining proper records for a drug
98	98	or device;
99	99	(F) performing for a patient a specific act of
100	100	drug therapy management delegated to a pharmacist by a written
101	101	protocol from a physician licensed in this state in compliance with
102	102	Subtitle B; [or]
103	103	(G) administering an immunization or vaccination
104	104	under a physician's written protocol; or
105	105	(H) furnishing a prescription drug to a patient
106	106	under a physician's written protocol under Section 157.102.
107	107	SECTION 4. Subchapter B, Chapter 562, Occupations Code, is
108	108	amended by adding Section 562.058 to read as follows:
109	109	Sec. 562.058. TRAINING REQUIRED TO INITIATE DRUG ORDER OR
110	110	FURNISH CERTAIN DRUGS. (a) A pharmacist may not furnish a
111	111	prescription drug under Section 157.102 unless the pharmacist has
112	112	completed a training program that is approved by the board and is
113	113	relevant to the condition treated by the drug.
114	114	(b) The board shall adopt rules jointly with the Texas
115	115	Medical Board to establish the minimum content of the training
116	116	program required under Subsection (a).
117	117	SECTION 5. Not later than January 1, 2020, the Texas State
118	118	Board of Pharmacy and the Texas Medical Board shall adopt the rules
119	119	required under Sections 157.102 and 562.058, Occupations Code, as
120	120	added by this Act.
121	121	SECTION 6. (a) Except as provided by Subsection (b) of this
122	122	section, this Act takes effect January 1, 2020.
123	123	(b) Section 5 of this Act takes effect September 1, 2019.