Texas 2023 - 88th Regular

Texas House Bill HB2079 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Jetton H.B. No. 2079
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the authority of pharmacists to order and furnish
7	7	certain prescription drugs.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 483.001(11), Health and Safety Code, is
10	10	amended to read as follows:
11	11	(11) "Practice of pharmacy" has the meaning assigned
12	12	by Section 551.003, Occupations Code [means:
13	13	[(A) provision of those acts or services
14	14	necessary to provide pharmaceutical care;
15	15	[(B) interpretation and evaluation of
16	16	prescription drug orders or medication orders;
17	17	[(C) participation in drug and device selection
18	18	as authorized by law, drug administration, drug regimen review, or
19	19	drug or drug-related research;
20	20	[(D) provision of patient counseling;
21	21	[(E) responsibility for:
22	22	[(i) dispensing of prescription drug orders
23	23	or distribution of medication orders in the patient's best
24	24	interest;
25	25	[(ii) compounding and labeling of drugs and
26	26	devices, except labeling by a manufacturer, repackager, or
27	27	distributor of nonprescription drugs and commercially packaged
28	28	prescription drugs and devices;
29	29	[(iii) proper and safe storage of drugs and
30	30	devices; or
31	31	[(iv) maintenance of proper records for
32	32	drugs and devices. In this subdivision, "device" has the meaning
33	33	assigned by Subtitle J, Title 3, Occupations Code; or
34	34	[(F) performance of a specific act of drug
35	35	therapy management for a patient delegated to a pharmacist by a
36	36	written protocol from a physician licensed by the state under
37	37	Subtitle B, Title 3, Occupations Code].
38	38	SECTION 2. Section 551.003(33), Occupations Code, is
39	39	amended to read as follows:
40	40	(33) "Practice of pharmacy" means:
41	41	(A) providing an act or service necessary to
42	42	provide pharmaceutical care;
43	43	(B) interpreting or evaluating a prescription
44	44	drug order or medication order;
45	45	(C) participating in drug or device selection as
46	46	authorized by law, and participating in drug administration, drug
47	47	regimen review, or drug or drug-related research;
48	48	(D) providing patient counseling;
49	49	(E) being responsible for:
50	50	(i) dispensing a prescription drug order or
51	51	distributing a medication order;
52	52	(ii) compounding or labeling a drug or
53	53	device, other than labeling by a manufacturer, repackager, or
54	54	distributor of a nonprescription drug or commercially packaged
55	55	prescription drug or device;
56	56	(iii) properly and safely storing a drug or
57	57	device; or
58	58	(iv) maintaining proper records for a drug
59	59	or device;
60	60	(F) performing for a patient a specific act of
61	61	drug therapy management delegated to a pharmacist by a written
62	62	protocol from a physician licensed in this state in compliance with
63	63	Subtitle B; [or]
64	64	(G) administering an immunization or vaccination
65	65	under a physician's written protocol; or
66	66	(H) ordering or furnishing a prescription drug to
67	67	treat an acute condition in accordance with Section 562.058.
68	68	SECTION 3. Subchapter B, Chapter 562, Occupations Code, is
69	69	amended by adding Section 562.058 to read as follows:
70	70	Sec. 562.058. ORDERING AND FURNISHING CERTAIN PRESCRIPTION
71	71	DRUGS. (a) In this section:
72	72	(1) "Acute condition" means a condition or disease
73	73	that begins abruptly, intensifies rapidly, and is generally not
74	74	long-lasting.
75	75	(2) "Waived clinical laboratory test" means a clinical
76	76	laboratory test that is classified as waived under federal
77	77	regulations issued under the Clinical Laboratory Improvement
78	78	Amendments of 1988 (42 U.S.C. Section 263a).
79	79	(b) Notwithstanding any other law, a pharmacist may order
80	80	and furnish to a patient a prescription drug to treat an acute
81	81	condition that is identified through performance of one of the
82	82	following tests, if the test is a waived clinical laboratory test:
83	83	(1) a rapid strep test or rapid antigen detection test
84	84	used in the identification of group A streptococcus (GAS);
85	85	(2) a rapid influenza diagnostic test used in the
86	86	identification of influenza types A and B; or
87	87	(3) a rapid diagnostic test for SARS-CoV-2 or a
88	88	related virus used in the identification of COVID-19 or a related
89	89	illness.
90	90	(c) The board shall adopt rules to permit a pharmacist to
91	91	order and furnish a prescription drug under this section to a
92	92	patient without an established physician-patient relationship.
93	93	(d) A pharmacist who orders and furnishes a prescription
94	94	drug under this section must provide notice to the patient's
95	95	primary care physician, as identified by the patient if the patient
96	96	has a primary care physician, not later than the 14th day after the
97	97	date the drug is ordered and furnished by the pharmacist.
98	98	(e) The board by rule shall establish requirements to ensure
99	99	that a pharmacist possesses the necessary skill and training to
100	100	order and furnish prescription drugs under this section.
101	101	SECTION 4. Not later than January 1, 2024, the Texas State
102	102	Board of Pharmacy shall adopt the rules required under Section
103	103	562.058, Occupations Code, as added by this Act.
104	104	SECTION 5. This Act takes effect September 1, 2023.