By: Jetton H.B. No. 2079
A BILL TO BE ENTITLED
AN ACT
relating to the authority of pharmacists to order and furnish
certain prescription drugs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 483.001(11), Health and Safety Code, is
amended to read as follows:
(11) "Practice of pharmacy" has the meaning assigned
by Section 551.003, Occupations Code [means:
[(A) provision of those acts or services
necessary to provide pharmaceutical care;
[(B) interpretation and evaluation of
prescription drug orders or medication orders;
[(C) participation in drug and device selection
as authorized by law, drug administration, drug regimen review, or
drug or drug-related research;
[(D) provision of patient counseling;
[(E) responsibility for:
[(i) dispensing of prescription drug orders
or distribution of medication orders in the patient's best
interest;
[(ii) compounding and labeling of drugs and
devices, except labeling by a manufacturer, repackager, or
distributor of nonprescription drugs and commercially packaged
prescription drugs and devices;
[(iii) proper and safe storage of drugs and
devices; or
[(iv) maintenance of proper records for
drugs and devices. In this subdivision, "device" has the meaning
assigned by Subtitle J, Title 3, Occupations Code; or
[(F) performance of a specific act of drug
therapy management for a patient delegated to a pharmacist by a
written protocol from a physician licensed by the state under
Subtitle B, Title 3, Occupations Code].
SECTION 2. Section 551.003(33), Occupations Code, is
amended to read as follows:
(33) "Practice of pharmacy" means:
(A) providing an act or service necessary to
provide pharmaceutical care;
(B) interpreting or evaluating a prescription
drug order or medication order;
(C) participating in drug or device selection as
authorized by law, and participating in drug administration, drug
regimen review, or drug or drug-related research;
(D) providing patient counseling;
(E) being responsible for:
(i) dispensing a prescription drug order or
distributing a medication order;
(ii) compounding or labeling a drug or
device, other than labeling by a manufacturer, repackager, or
distributor of a nonprescription drug or commercially packaged
prescription drug or device;
(iii) properly and safely storing a drug or
device; or
(iv) maintaining proper records for a drug
or device;
(F) performing for a patient a specific act of
drug therapy management delegated to a pharmacist by a written
protocol from a physician licensed in this state in compliance with
Subtitle B; [or]
(G) administering an immunization or vaccination
under a physician's written protocol; or
(H) ordering or furnishing a prescription drug to
treat an acute condition in accordance with Section 562.058.
SECTION 3. Subchapter B, Chapter 562, Occupations Code, is
amended by adding Section 562.058 to read as follows:
Sec. 562.058. ORDERING AND FURNISHING CERTAIN PRESCRIPTION
DRUGS. (a) In this section:
(1) "Acute condition" means a condition or disease
that begins abruptly, intensifies rapidly, and is generally not
long-lasting.
(2) "Waived clinical laboratory test" means a clinical
laboratory test that is classified as waived under federal
regulations issued under the Clinical Laboratory Improvement
Amendments of 1988 (42 U.S.C. Section 263a).
(b) Notwithstanding any other law, a pharmacist may order
and furnish to a patient a prescription drug to treat an acute
condition that is identified through performance of one of the
following tests, if the test is a waived clinical laboratory test:
(1) a rapid strep test or rapid antigen detection test
used in the identification of group A streptococcus (GAS);
(2) a rapid influenza diagnostic test used in the
identification of influenza types A and B; or
(3) a rapid diagnostic test for SARS-CoV-2 or a
related virus used in the identification of COVID-19 or a related
illness.
(c) The board shall adopt rules to permit a pharmacist to
order and furnish a prescription drug under this section to a
patient without an established physician-patient relationship.
(d) A pharmacist who orders and furnishes a prescription
drug under this section must provide notice to the patient's
primary care physician, as identified by the patient if the patient
has a primary care physician, not later than the 14th day after the
date the drug is ordered and furnished by the pharmacist.
(e) The board by rule shall establish requirements to ensure
that a pharmacist possesses the necessary skill and training to
order and furnish prescription drugs under this section.
SECTION 4. Not later than January 1, 2024, the Texas State
Board of Pharmacy shall adopt the rules required under Section
562.058, Occupations Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2023.