Texas 2019 - 86th Regular

Texas House Bill HB3458 Compare Versions

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

Old	New	Differences
1	1	By: Dutton H.B. No. 3458
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the administration of an immunization or vaccination by
7	7	a pharmacist.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 554.004(a), Occupations Code, is amended
10	10	to read as follows:
11	11	(a) The board shall specify conditions under which a
12	12	pharmacist may administer medication, other than [including] an
13	13	immunization or [and] vaccination. The conditions must ensure
14	14	that:
15	15	(1) a licensed health care provider authorized to
16	16	administer the medication is not reasonably available to administer
17	17	the medication;
18	18	(2) failure to administer the medication[, other than
19	19	an immunization or vaccination,] might result in a significant
20	20	delay or interruption of a critical phase of drug therapy;
21	21	(3) the pharmacist possesses the necessary skill,
22	22	education, and certification as specified by the board to
23	23	administer the medication;
24	24	(4) within a reasonable time after administering
25	25	medication, the pharmacist notifies the licensed health care
26	26	provider responsible for the patient's care that the medication was
27	27	administered;
28	28	(5) the pharmacist may not administer medication to a
29	29	patient at the patient's residence, except at a licensed
30	30	nursing home or hospital; and
31	31	(6) [the pharmacist administers an immunization or
32	32	vaccination under a physician's written protocol and meets the
33	33	standards established by the board; and
34	34	[(7)] the authority of a pharmacist to administer
35	35	medication may not be delegated.
36	36	SECTION 2. Subchapter A, Chapter 554, Occupations Code, is
37	37	amended by adding Section 554.0041 to read as follows:
38	38	Sec. 554.0041. ADMINISTRATION OF IMMUNIZATION OR
39	39	VACCINATION. The board shall specify conditions under which a
40	40	pharmacist may administer an immunization or vaccination. The
41	41	conditions must ensure that:
42	42	(1) the pharmacist possesses the necessary skill,
43	43	education, and certification as specified by the board to
44	44	administer the immunization or vaccination;
45	45	(2) within a reasonable time after administering an
46	46	immunization or vaccination, the pharmacist notifies the licensed
47	47	health care provider responsible for the patient's care that the
48	48	immunization or vaccination was administered; and
49	49	(3) the authority of a pharmacist to administer an
50	50	immunization or vaccination may not be delegated.
51	51	SECTION 3. Sections 554.052(a), (c) and (c-1), Occupations
52	52	Code, are amended to read as follows:
53	53	(a) The board by rule shall require a pharmacist to notify a
54	54	physician who prescribes an immunization or vaccination [within 24
55	55	hours]]
56	56	vaccination. The physician shall prescribe the period for providing
57	57	notice and the form of the notice in the physician's written
58	58	protocol. The period for providing notice may not be later than the
59	59	14th day after the date the immunization or vaccination is
60	60	administered.
61	61	(c) Supervision by a physician is adequate if the delegating
62	62	physician:
63	63	(1) is responsible for formulating or approving an
64	64	order or protocol, including the physician's order, standing
65	65	medical order, or standing delegation order, and periodically
66	66	reviews the order or protocol and the services provided to a patient
67	67	under the order or protocol;
68	68	(2) [except as provided by Subsection (c-1), has
69	69	established a physician-patient relationship with each patient
70	70	under 14 years of age and referred the patient to the pharmacist;
71	71	(3)] is geographically located to be easily accessible
72	72	to the pharmacy where an immunization or vaccination is
73	73	administered;
74	74	[(4)] (5) receives, as appropriate, a periodic status
75	75	report on the patient, including any problem or complication
76	76	encountered; and
77	77	[(5)] (6) is available through direct
78	78	telecommunication for consultation, assistance, and direction.
79	79	(c-1) A pharmacist may administer [an influenza
80	80	vaccination]]
81	81	least [over] seven years of age without an established
82	82	physician-patient relationship.
83	83	SECTION 4. This Act takes effect September 1, 2019.