Texas 2019 - 86th Regular

Texas House Bill HB4285 Compare Versions

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

Old	New	Differences
1	1	86R6468 BEE-F
2	2	By: Zedler H.B. No. 4285
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) "Tobacco cessation drug" means a prescription drug
49	49	approved by the United States Food and Drug Administration for use
50	50	in the treatment of nicotine or smoking addiction.
51	51	(4) "Travel drug" means a prescription drug
52	52	recommended by the federal Centers for Disease Control and
53	53	Prevention for individuals traveling outside of the United States
54	54	for the prevention and management of a disease before a diagnosis of
55	55	the disease.
56	56	(5) "Waived clinical laboratory test" means a clinical
57	57	laboratory test that is classified as waived under federal
58	58	regulations issued under the Clinical Laboratory Improvement
59	59	Amendments of 1988 (42 U.S.C. Section 263a).
60	60	(6) "Written protocol" means a physician's written
61	61	order, standing medical order, standing delegation order, or other
62	62	order or protocol as defined by rule of the board.
63	63	(b) Notwithstanding any other law, a pharmacist may furnish
64	64	to a patient, as provided by a physician's written protocol, a
65	65	prescription drug that is:
66	66	(1) a drug to treat an acute condition that is
67	67	identified through performance of one of the following tests, if
68	68	the test is a waived clinical laboratory test:
69	69	(A) a rapid strep test or rapid antigen detection
70	70	test used in the identification of group A streptococcus (GAS); or
71	71	(B) a rapid influenza diagnostic test used in the
72	72	identification of influenza types A and B;
73	73	(2) a self-administered hormonal contraceptive;
74	74	(3) a travel drug;
75	75	(4) a prenatal vitamin supplement;
76	76	(5) a tobacco cessation drug;
77	77	(6) a vitamin D supplement; or
78	78	(7) a drug identified by the executive commissioner of
79	79	the Health and Human Services Commission by rule as necessary for
80	80	pharmacists to furnish to patients for public health purposes.
81	81	(c) The board shall adopt rules jointly with the Texas State
82	82	Board of Pharmacy to establish the minimum content of the written
83	83	protocol required under Subsection (b). The written protocol may
84	84	permit a pharmacist to furnish a prescription drug to a patient
85	85	without an established physician-patient relationship.
86	86	(d) A written protocol under this section must require
87	87	notice to the patient's primary care physician, as identified by
88	88	the patient if the patient has a primary care physician, and
89	89	prescribe the period for providing the notice and the form of the
90	90	notice, in accordance with prevailing practices for the provision
91	91	of notice to a patient's primary care physician. The period for
92	92	providing the notice for furnishing a drug under Subsection (b)(1)
93	93	may not be later than the 14th day after the date the drug is
94	94	furnished by the pharmacist.
95	95	SECTION 3. Section 551.003(33), Occupations Code, is
96	96	amended to read as follows:
97	97	(33) "Practice of pharmacy" means:
98	98	(A) providing an act or service necessary to
99	99	provide pharmaceutical care;
100	100	(B) interpreting or evaluating a prescription
101	101	drug order or medication order;
102	102	(C) participating in drug or device selection as
103	103	authorized by law, and participating in drug administration, drug
104	104	regimen review, or drug or drug-related research;
105	105	(D) providing patient counseling;
106	106	(E) being responsible for:
107	107	(i) dispensing a prescription drug order or
108	108	distributing a medication order;
109	109	(ii) compounding or labeling a drug or
110	110	device, other than labeling by a manufacturer, repackager, or
111	111	distributor of a nonprescription drug or commercially packaged
112	112	prescription drug or device;
113	113	(iii) properly and safely storing a drug or
114	114	device; or
115	115	(iv) maintaining proper records for a drug
116	116	or device;
117	117	(F) performing for a patient a specific act of
118	118	drug therapy management delegated to a pharmacist by a written
119	119	protocol from a physician licensed in this state in compliance with
120	120	Subtitle B; [or]
121	121	(G) administering an immunization or vaccination
122	122	under a physician's written protocol; or
123	123	(H) furnishing a prescription drug to a patient
124	124	under a physician's written protocol under Section 157.102.
125	125	SECTION 4. Subchapter B, Chapter 562, Occupations Code, is
126	126	amended by adding Section 562.058 to read as follows:
127	127	Sec. 562.058. TRAINING REQUIRED TO INITIATE DRUG ORDER OR
128	128	FURNISH CERTAIN DRUGS. (a) A pharmacist may not furnish a
129	129	prescription drug under Section 157.102 unless the pharmacist has
130	130	completed a training program that is approved by the board and is
131	131	relevant to the condition treated by the drug.
132	132	(b) The board shall adopt rules jointly with the Texas
133	133	Medical Board to establish the minimum content of the training
134	134	program required under Subsection (a).
135	135	SECTION 5. Not later than January 1, 2020, the Texas State
136	136	Board of Pharmacy and the Texas Medical Board shall adopt the rules
137	137	required under Sections 157.102 and 562.058, Occupations Code, as
138	138	added by this Act.
139	139	SECTION 6. (a) Except as provided by Subsection (b) of this
140	140	section, this Act takes effect January 1, 2020.
141	141	(b) Section 5 of this Act takes effect September 1, 2019.