2019S0212-1 02/13/19
By: Raney H.B. No. 4297
A BILL TO BE ENTITLED
AN ACT
relating to the authority of physicians to delegate to certain
pharmacists the implementation and modification of a patient's drug
therapy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 157.101(b) and (b-1), Occupations Code,
are amended to read as follows:
(b) A physician may delegate to a properly qualified and
trained pharmacist acting under adequate physician supervision the
performance of specific acts of drug therapy management authorized
by the physician through the physician's order, standing medical
order, standing delegation order, or other order or protocol as
defined by board rule, including the implementation or modification
of a patient's drug therapy.
(b-1) A delegation under Subsection (b) may include the
implementation or modification of a patient's drug therapy under a
protocol that calls for dangerous drugs, which delegation
includes[, including] the authority to sign a prescription drug
order [for dangerous drugs], only if:
(1) the delegation follows a diagnosis, initial
patient assessment, and drug therapy order by the physician;
(2) the pharmacist practices in a hospital,
hospital-based clinic, or an academic health care institution;
(3) the hospital, hospital-based clinic, or academic
health care institution in which the pharmacist practices has
bylaws and a medical staff policy that permit a physician to
delegate to a pharmacist the management of a patient's drug
therapy;
(4) the pharmacist provides the name, address, and
telephone number of the pharmacist and of the delegating physician
on each prescription signed by the pharmacist; and
(5) the pharmacist provides a copy of the protocol to
the Texas State Board of Pharmacy.
SECTION 2. Section 554.057, Occupations Code, is amended to
read as follows:
Sec. 554.057. RULEMAKING; IMPLEMENTATION OF DRUG THERAPY
UNDER PROTOCOL. The board, with the advice of the Texas Medical
Board, shall adopt rules that allow a pharmacist to implement or
modify a patient's drug therapy pursuant to a physician's
delegation under Section 157.101(b) or (b-1) [157.101(b-1)].
SECTION 3. Not later than January 1, 2020, the Texas State
Board of Pharmacy shall adopt rules under Section 554.057,
Occupations Code, as amended by this Act.
SECTION 4. This Act takes effect September 1, 2019.