Texas 2023 - 88th Regular

Texas House Bill HB5129 Latest Draft

Bill / Introduced Version Filed 03/10/2023

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                            88R2543 BEE-F
 By: Raney H.B. No. 5129


 A BILL TO BE ENTITLED
 AN ACT
 relating to the delegation to a pharmacy technician of a
 pharmacist's authority to administer an immunization or vaccine.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 554.004(a), Occupations Code, is amended
 to read as follows:
 (a)  The board shall specify conditions under which a
 pharmacist may administer medication, including an immunization
 and vaccination. The conditions must ensure that:
 (1)  a licensed health care provider authorized to
 administer the medication is not reasonably available to administer
 the medication;
 (2)  failure to administer the medication, other than
 an immunization or vaccination, might result in a significant delay
 or interruption of a critical phase of drug therapy;
 (3)  the pharmacist possesses the necessary skill,
 education, and certification as specified by the board to
 administer the medication;
 (4)  within a reasonable time after administering
 medication, the pharmacist notifies the licensed health care
 provider responsible for the patient's care that the medication was
 administered;
 (5)  the pharmacist may not administer medication to a
 patient at the patient's residence, except at a licensed nursing
 home or hospital;
 (6)  the pharmacist administers an immunization or
 vaccination under a physician's written protocol and meets the
 standards established by the board; and
 (7)  the authority of a pharmacist to administer an
 immunization or vaccination [medication] may [not] be delegated to
 a registered pharmacy technician.
 SECTION 2.  As soon as practicable after the effective date
 of this Act, the Texas State Board of Pharmacy shall adopt rules
 necessary to implement Section 554.004(a), Occupations Code, as
 amended by this Act.
 SECTION 3.  This Act takes effect September 1, 2023.