Texas 2025 - 89th Regular

Texas Senate Bill SB254 Compare Versions

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

Old	New	Differences
1	1	89R3938 DNC-F
2	2	By: Flores S.B. No. 254
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the administration of a medication and the ordering and
10	10	administration of an immunization or vaccination by a pharmacist.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 551.003(33), Occupations Code, is
13	13	amended to read as follows:
14	14	(33) "Practice of pharmacy" means:
15	15	(A) providing an act or service necessary to
16	16	provide pharmaceutical care;
17	17	(B) interpreting or evaluating a prescription
18	18	drug order or medication order;
19	19	(C) participating in drug or device selection as
20	20	authorized by law, and participating in drug administration, drug
21	21	regimen review, or drug or drug-related research;
22	22	(D) providing patient counseling;
23	23	(E) being responsible for:
24	24	(i) dispensing a prescription drug order or
25	25	distributing a medication order;
26	26	(ii) compounding or labeling a drug or
27	27	device, other than labeling by a manufacturer, repackager, or
28	28	distributor of a nonprescription drug or commercially packaged
29	29	prescription drug or device;
30	30	(iii) properly and safely storing a drug or
31	31	device; or
32	32	(iv) maintaining proper records for a drug
33	33	or device;
34	34	(F) performing for a patient a specific act of
35	35	drug therapy management delegated to a pharmacist by a written
36	36	protocol from a physician licensed in this state in compliance with
37	37	Subtitle B; [or]
38	38	(G) subject to Section 554.052(c-1), ordering or
39	39	administering an immunization or vaccination to a patient who is at
40	40	least three years of age; or
41	41	(H) if the patient is younger than three years of
42	42	age and is referred to a pharmacist by a physician, administering an
43	43	immunization or vaccination to a patient under a physician's
44	44	written protocol.
45	45	SECTION 2. The heading to Section 554.004, Occupations
46	46	Code, is amended to read as follows:
47	47	Sec. 554.004. ADMINISTRATION OF MEDICATION; ORDERING AND
48	48	ADMINISTRATION OF IMMUNIZATION OR VACCINATION.
49	49	SECTION 3. Section 554.004(a), Occupations Code, is amended
50	50	to read as follows:
51	51	(a) The board shall specify conditions under which a
52	52	pharmacist may administer medication and order or administer [,
53	53	including] an immunization or [and] vaccination. The conditions
54	54	for ordering or administering an immunization or vaccination must
55	55	ensure that:
56	56	(1) [a licensed health care provider authorized to
57	57	administer the medication is not reasonably available to administer
58	58	the medication;
59	59	[(2) failure to administer the medication, other than
60	60	an immunization or vaccination, might result in a significant delay
61	61	or interruption of a critical phase of drug therapy;
62	62	[(3)] the pharmacist possesses the necessary skill,
63	63	education, and certification as specified by the board to order or
64	64	administer the immunization or vaccination [medication];
65	65	(2) [(4)] within a reasonable time after
66	66	administering an immunization or vaccination that is prescribed by
67	67	a licensed health care provider [medication], the pharmacist
68	68	notifies the licensed health care provider responsible for the
69	69	patient's care that the immunization or vaccination [medication]
70	70	was administered;
71	71	[(5) the pharmacist may not administer medication to a
72	72	patient at the patient's residence, except at a licensed nursing
73	73	home or hospital;
74	74	[(6) the pharmacist administers an immunization or
75	75	vaccination under a physician's written protocol and meets the
76	76	standards established by the board;] and
77	77	(3) [(7)] the authority of a pharmacist to administer
78	78	an immunization or vaccination [medication] may [not] be delegated
79	79	to a certified pharmacy technician.
80	80	SECTION 4. Sections 554.052(a), (b), (c), and (c-1),
81	81	Occupations Code, are amended to read as follows:
82	82	(a) The board by rule shall require a pharmacist to notify a
83	83	physician who prescribes an immunization or vaccination not later
84	84	than the 14th day [within 24 hours] after the date the pharmacist
85	85	administers the immunization or vaccination.
86	86	(b) The board shall establish minimum education and
87	87	continuing education standards for a pharmacist who orders or
88	88	administers an immunization or vaccination. The standards must
89	89	include federal Centers for Disease Control and Prevention
90	90	training, basic life support training, and hands-on training in
91	91	techniques for administering immunizations and vaccinations.
92	92	(c) Supervision by a physician is adequate if the delegating
93	93	physician:
94	94	(1) is responsible for formulating or approving an
95	95	order or protocol, including the physician's order, standing
96	96	medical order, or standing delegation order, and periodically
97	97	reviews the order or protocol and the services provided to a patient
98	98	under the order or protocol;
99	99	(2) [except as provided by Subsection (c-1), has
100	100	established a physician-patient relationship with each patient
101	101	under 14 years of age and referred the patient to the pharmacist;
102	102	[(3)] is geographically located to be easily
103	103	accessible to the pharmacy where an immunization or vaccination is
104	104	administered;
105	105	(3) [(4)] receives, as appropriate, a periodic status
106	106	report on the patient, including any problem or complication
107	107	encountered; and
108	108	(4) [(5)] is available through direct
109	109	telecommunication for consultation, assistance, and direction.
110	110	(c-1) A pharmacist may order or administer an immunization
111	111	or [influenza] vaccination to a patient who is at least three [over
112	112	seven] years of age if the immunization or vaccination is:
113	113	(1) authorized or approved by the United States Food
114	114	and Drug Administration or listed in the routine immunization
115	115	schedule recommended by the federal Advisory Committee on
116	116	Immunization Practices published by the federal Centers for Disease
117	117	Control and Prevention; and
118	118	(2) ordered or administered in accordance with the
119	119	federal Advisory Committee on Immunization Practices
120	120	vaccine-specific recommendations [without an established
121	121	physician-patient relationship].
122	122	SECTION 5. This Act takes effect immediately if it receives
123	123	a vote of two-thirds of all the members elected to each house, as
124	124	provided by Section 39, Article III, Texas Constitution. If this
125	125	Act does not receive the vote necessary for immediate effect, this
126	126	Act takes effect September 1, 2025.