By: Dutton H.B. No. 3458
A BILL TO BE ENTITLED
AN ACT
relating to the administration of an immunization or vaccination by
a pharmacist.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 554.004(a), Occupations Code, is amended
to read as follows:
(a) The board shall specify conditions under which a
pharmacist may administer medication, other than [including] an
immunization or [and] vaccination. The conditions must ensure
that:
(1) a licensed health care provider authorized to
administer the medication is not reasonably available to administer
the medication;
(2) failure to administer the medication[, other than
an immunization or vaccination,] might result in a significant
delay or interruption of a critical phase of drug therapy;
(3) the pharmacist possesses the necessary skill,
education, and certification as specified by the board to
administer the medication;
(4) within a reasonable time after administering
medication, the pharmacist notifies the licensed health care
provider responsible for the patient's care that the medication was
administered;
(5) the pharmacist may not administer medication to a
patient at the patient's residence, except at a licensed
nursing home or hospital; and
(6) [the pharmacist administers an immunization or
vaccination under a physician's written protocol and meets the
standards established by the board; and
[(7)] the authority of a pharmacist to administer
medication may not be delegated.
SECTION 2. Subchapter A, Chapter 554, Occupations Code, is
amended by adding Section 554.0041 to read as follows:
Sec. 554.0041. ADMINISTRATION OF IMMUNIZATION OR
VACCINATION. The board shall specify conditions under which a
pharmacist may administer an immunization or vaccination. The
conditions must ensure that:
(1) the pharmacist possesses the necessary skill,
education, and certification as specified by the board to
administer the immunization or vaccination;
(2) within a reasonable time after administering an
immunization or vaccination, the pharmacist notifies the licensed
health care provider responsible for the patient's care that the
immunization or vaccination was administered; and
(3) the authority of a pharmacist to administer an
immunization or vaccination may not be delegated.
SECTION 3. Sections 554.052(a), (c) and (c-1), Occupations
Code, are amended to read as follows:
(a) The board by rule shall require a pharmacist to notify a
physician who prescribes an immunization or vaccination [within 24
hours]]
vaccination. The physician shall prescribe the period for providing
notice and the form of the notice in the physician's written
protocol. The period for providing notice may not be later than the
14th day after the date the immunization or vaccination is
administered.
(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) [except as provided by Subsection (c-1), has
established a physician-patient relationship with each patient
under 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)] (5) receives, as appropriate, a periodic status
report on the patient, including any problem or complication
encountered; and
[(5)] (6) is available through direct
telecommunication for consultation, assistance, and direction.
(c-1) A pharmacist may administer [an influenza
vaccination]]
least [over] seven years of age without an established
physician-patient relationship.
SECTION 4. This Act takes effect September 1, 2019.