Texas 2023 - 88th Regular

Texas House Bill HB1105

Filed
12/22/22  
Out of House Committee
5/1/23  
Voted on by House
5/5/23  
Out of Senate Committee
5/21/23  
Bill Becomes Law
 

Caption

Relating to preventative health care and public health, including prohibited immunization and face-covering requirements, private business or school closures, and the ordering and administration of immunizations by a pharmacist.

Impact

If enacted, HB 1105 would revise multiple state codes, notably enhancing the scope of practice for pharmacists regarding immunizations. This change is anticipated to directly improve childhood immunization rates by allowing more locations for parents to have their children vaccinated. The legislation also addresses public health aspects by prohibiting both vaccine mandates and mandates requiring masks in governmental settings, pushing towards a model that prioritizes individual choice and market solutions over enforced public health directives.

Summary

House Bill 1105 pertains to preventative health care measures, particularly the administration of immunizations by pharmacists. This legislation aims to permanently codify the authority of pharmacists to order and administer routine vaccines to patients, a practice they have been performing under emergency measures for the past three years. The bill explicitly prohibits public schools and higher education institutions from mandating COVID-19 vaccinations for student admission or continued enrollment. This is part of a broader objective to streamline immunization processes and improve access to necessary vaccinations during routine healthcare visits at pharmacies.

Sentiment

The sentiments surrounding HB 1105 are mixed among public health officials and legislators. Proponents, including many pharmacy associations, advocate for the expansion of pharmacists' roles in administering vaccines as a necessary tool for enhancing public health and vaccinating more patients efficiently. Detractors, including certain pediatric and medical advocacy groups, argue that the legislation may undermine control over vaccine administration and fail to adequately protect vulnerable populations. The debates reflect broader discussions about public health strategies, the role of pharmacists, and pandemic management.

Contention

Notable points of contention arise around the implications of allowing pharmacists to administer vaccines without the direct supervision of physicians. Critics worry about the adequacy of training and oversight compared to traditional healthcare environments, particularly for young children and high-risk populations. The discussions also touch on the balance of personal freedom against public health necessities, reflecting the polarized nature of healthcare policy in the aftermath of the COVID-19 pandemic. Proponents emphasize the safety and efficacy of vaccinations administered by trained pharmacists, while opponents call for more stringent regulations to ensure patient safety.

Texas Constitutional Statutes Affected

Occupations Code

  • Chapter 554. Board Powers And Duties; Rulemaking Authority
    • Section: 052
    • Section: 004
    • Section: 004
    • Section: 052
    • Section: 004
    • Section: 052
    • Section: 052
    • Section: 004
  • Chapter 551. General Provisions
    • Section: 003

Health And Safety Code

  • Chapter 161. Public Health Provisions
    • Section: New Section

Education Code

  • Chapter 38. Health And Safety
    • Section: New Section
  • Chapter 51. Provisions Generally Applicable To Higher Education
    • Section: New Section

Labor Code

  • Chapter 21. Employment Discrimination
    • Section: New Section

Companion Bills

TX SB749

Identical Relating to the administration of a medication and the ordering and administration of an immunization or vaccination by a pharmacist.

Similar Bills

AR SB104

To Amend The Arkansas Pharmacy Benefits Manager Licensure Act; To Protect Patients' Rights And Access To Medications; And To Declare An Emergency.

MS HB1418

The Right to Contraception Act; create.

CA AB554

Health care coverage: antiretroviral drugs, drug devices, and drug products.

CA AB1366

Reimbursement for pharmacist services.

WI SB42

Permitting pharmacists to prescribe certain contraceptives, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, granting rule-making authority, and providing a penalty. (FE)

WI AB43

Permitting pharmacists to prescribe certain contraceptives, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, granting rule-making authority, and providing a penalty. (FE)

MS SB2675

Pharmacists; authorize to test for and administer treatment for minor, nonchronic health conditions.

MS HB252

Pharmacists; authorize to test for and administer treatment for minor, nonchronic health conditions.