Texas 2019 - 86th Regular

Texas House Bill HB4297 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R19764 JCG-F~~
	1	+	2019S0212-1 02/13/19
2	2		By: Raney H.B. No. 4297
3		-	Substitute the following for H.B. No. 4297:
4		-	By: Guerra C.S.H.B. No. 4297
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the authority of physicians to delegate to certain
10	8		pharmacists the implementation and modification of a patient's drug
11	9		therapy.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13		-	SECTION 1. Section 157.101(b-1), Occupations Code, is
14		-	amended to read as follows:
15		-	(b-1) A delegation under Subsection (b) may include:
16		-	(1) the implementation or modification of a patient's
17		-	drug therapy under a protocol if:
18		-	(A) the delegation follows a diagnosis, initial
19		-	patient assessment, and drug therapy order by the physician; and
20		-	(B) the pharmacist maintains a copy of the
21		-	protocol for inspection until at least the seventh anniversary of
22		-	the expiration date of the protocol; or
23		-	(2) [, including] the authority to sign a prescription
24		-	drug order for dangerous drugs for a patient[,] if:
25		-	(A) [(1)] the delegation follows a diagnosis,
26		-	initial patient assessment, and drug therapy order by the
27		-	physician;
28		-	(B) [(2)] the pharmacist practices in a hospital,
	11	+	SECTION 1. Sections 157.101(b) and (b-1), Occupations Code,
	12	+	are amended to read as follows:
	13	+	(b) A physician may delegate to a properly qualified and
	14	+	trained pharmacist acting under adequate physician supervision the
	15	+	performance of specific acts of drug therapy management authorized
	16	+	by the physician through the physician's order, standing medical
	17	+	order, standing delegation order, or other order or protocol as
	18	+	defined by board rule, including the implementation or modification
	19	+	of a patient's drug therapy.
	20	+	(b-1) A delegation under Subsection (b) may include the
	21	+	implementation or modification of a patient's drug therapy under a
	22	+	protocol that calls for dangerous drugs, which delegation
	23	+	includes[, including] the authority to sign a prescription drug
	24	+	order [for dangerous drugs], only if:
	25	+	(1) the delegation follows a diagnosis, initial
	26	+	patient assessment, and drug therapy order by the physician;
	27	+	(2) the pharmacist practices in a hospital,
29	28		hospital-based clinic, or an academic health care institution;
30		-	(C) [(3)] the hospital, hospital-based clinic,
31		-	or academic health care institution in which the pharmacist
32		-	practices has bylaws and a medical staff policy that permit a
33		-	physician to delegate to a pharmacist the management of a patient's
34		-	drug therapy;
35		-	(D) [(4)] the pharmacist provides the name,
36		-	address, and telephone number of the pharmacist and of the
37		-	delegating physician on each prescription signed by the pharmacist;
38		-	and
39		-	(E) [(5)] the pharmacist provides a copy of the
40		-	protocol to the Texas State Board of Pharmacy.
41		-	SECTION 2. Not later than December 1, 2019, the Texas State
42		-	Board of Pharmacy shall adopt rules necessary to implement Section
43		-	554.057, Occupations Code.
44		-	SECTION 3. This Act takes effect September 1, 2019.
	29	+	(3) the hospital, hospital-based clinic, or academic
	30	+	health care institution in which the pharmacist practices has
	31	+	bylaws and a medical staff policy that permit a physician to
	32	+	delegate to a pharmacist the management of a patient's drug
	33	+	therapy;
	34	+	(4) the pharmacist provides the name, address, and
	35	+	telephone number of the pharmacist and of the delegating physician
	36	+	on each prescription signed by the pharmacist; and
	37	+	(5) the pharmacist provides a copy of the protocol to
	38	+	the Texas State Board of Pharmacy.
	39	+	SECTION 2. Section 554.057, Occupations Code, is amended to
	40	+	read as follows:
	41	+	Sec. 554.057. RULEMAKING; IMPLEMENTATION OF DRUG THERAPY
	42	+	UNDER PROTOCOL. The board, with the advice of the Texas Medical
	43	+	Board, shall adopt rules that allow a pharmacist to implement or
	44	+	modify a patient's drug therapy pursuant to a physician's
	45	+	delegation under Section 157.101(b) or (b-1) [157.101(b-1)].
	46	+	SECTION 3. Not later than January 1, 2020, the Texas State
	47	+	Board of Pharmacy shall adopt rules under Section 554.057,
	48	+	Occupations Code, as amended by this Act.
	49	+	SECTION 4. This Act takes effect September 1, 2019.