Texas 2025 - 89th Regular

Texas House Bill HB845 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3302 RAL-F
2	2	By: Howard H.B. No. 845
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of pharmacists to furnish certain
10	10	medications.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 483.001(11), Health and Safety Code, is
13	13	amended to read as follows:
14	14	(11) "Practice of pharmacy" has the meaning assigned
15	15	by Section 551.003, Occupations Code [means:
16	16	[(A) provision of those acts or services
17	17	necessary to provide pharmaceutical care;
18	18	[(B) interpretation and evaluation of
19	19	prescription drug orders or medication orders;
20	20	[(C) participation in drug and device selection
21	21	as authorized by law, drug administration, drug regimen review, or
22	22	drug or drug-related research;
23	23	[(D) provision of patient counseling;
24	24	[(E) responsibility for:
25	25	[(i) dispensing of prescription drug orders
26	26	or distribution of medication orders in the patient's best
27	27	interest;
28	28	[(ii) compounding and labeling of drugs and
29	29	devices, except labeling by a manufacturer, repackager, or
30	30	distributor of nonprescription drugs and commercially packaged
31	31	prescription drugs and devices;
32	32	[(iii) proper and safe storage of drugs and
33	33	devices; or
34	34	[(iv) maintenance of proper records for
35	35	drugs and devices. In this subdivision, "device" has the meaning
36	36	assigned by Subtitle J, Title 3, Occupations Code; or
37	37	[(F) performance of a specific act of drug
38	38	therapy management for a patient delegated to a pharmacist by a
39	39	written protocol from a physician licensed by the state under
40	40	Subtitle B, Title 3, Occupations Code].
41	41	SECTION 2. Subchapter C, Chapter 157, Occupations Code, is
42	42	amended by adding Section 157.102 to read as follows:
43	43	Sec. 157.102. DELEGATION TO PHARMACIST TO FURNISH CERTAIN
44	44	DRUGS. (a) In this section:
45	45	(1) "Acute condition" means a condition or disease
46	46	that begins abruptly, intensifies rapidly, and is generally not
47	47	long-lasting.
48	48	(2) "Pharmacist" has the meaning assigned by Section
49	49	551.003.
50	50	(3) "Waived clinical laboratory test" means a clinical
51	51	laboratory test that is classified as waived under federal
52	52	regulations issued under the Clinical Laboratory Improvement
53	53	Amendments of 1988 (42 U.S.C. Section 263a).
54	54	(4) "Written protocol" means a physician's written
55	55	order, standing medical order, standing delegation order, or other
56	56	order or protocol as defined by rule of the board.
57	57	(b) Notwithstanding any other law, a pharmacist may furnish
58	58	to a patient, as provided by a physician's written protocol, a
59	59	prescription drug to treat an acute condition that is identified
60	60	through performance of one of the following tests, if the test is a
61	61	waived clinical laboratory test:
62	62	(1) a rapid strep test or rapid antigen detection test
63	63	used in the identification of group A streptococcus (GAS); or
64	64	(2) a rapid influenza diagnostic test used in the
65	65	identification of influenza types A and B.
66	66	(c) The board shall adopt rules jointly with the Texas State
67	67	Board of Pharmacy to establish the minimum content of the written
68	68	protocol required under Subsection (b). The written protocol may
69	69	permit a pharmacist to furnish a prescription drug to a patient
70	70	without an established physician-patient relationship.
71	71	(d) A written protocol under this section must require
72	72	notice to the patient's primary care physician, as identified by
73	73	the patient if the patient has a primary care physician, and
74	74	prescribe the period for providing the notice and the form of the
75	75	notice, in accordance with prevailing practices for the provision
76	76	of notice to a patient's primary care physician. The period for
77	77	providing the notice may not be later than the 14th day after the
78	78	date the drug is furnished by the pharmacist.
79	79	SECTION 3. Section 551.003(33), Occupations Code, is
80	80	amended to read as follows:
81	81	(33) "Practice of pharmacy" means:
82	82	(A) providing an act or service necessary to
83	83	provide pharmaceutical care;
84	84	(B) interpreting or evaluating a prescription
85	85	drug order or medication order;
86	86	(C) participating in drug or device selection as
87	87	authorized by law, and participating in drug administration, drug
88	88	regimen review, or drug or drug-related research;
89	89	(D) providing patient counseling;
90	90	(E) being responsible for:
91	91	(i) dispensing a prescription drug order or
92	92	distributing a medication order;
93	93	(ii) compounding or labeling a drug or
94	94	device, other than labeling by a manufacturer, repackager, or
95	95	distributor of a nonprescription drug or commercially packaged
96	96	prescription drug or device;
97	97	(iii) properly and safely storing a drug or
98	98	device; or
99	99	(iv) maintaining proper records for a drug
100	100	or device;
101	101	(F) performing for a patient a specific act of
102	102	drug therapy management delegated to a pharmacist by a written
103	103	protocol from a physician licensed in this state in compliance with
104	104	Subtitle B; [or]
105	105	(G) administering an immunization or vaccination
106	106	under a physician's written protocol; or
107	107	(H) furnishing a prescription drug to a patient
108	108	under a physician's written protocol under Section 157.102.
109	109	SECTION 4. Subchapter B, Chapter 562, Occupations Code, is
110	110	amended by adding Section 562.058 to read as follows:
111	111	Sec. 562.058. TRAINING REQUIRED TO FURNISH CERTAIN DRUGS.
112	112	(a) A pharmacist may not furnish a prescription drug under Section
113	113	157.102 unless the pharmacist has completed a training program that
114	114	is approved by the board and is relevant to the condition treated by
115	115	the drug.
116	116	(b) The board shall adopt rules jointly with the Texas
117	117	Medical Board to establish the minimum content of the training
118	118	program required under Subsection (a).
119	119	SECTION 5. Not later than January 1, 2026, the Texas State
120	120	Board of Pharmacy and the Texas Medical Board shall adopt the rules
121	121	required under Sections 157.102 and 562.058, Occupations Code, as
122	122	added by this Act.
123	123	SECTION 6. This Act takes effect September 1, 2025.