89R4550 DNC-F
By: Sparks S.B. No. 398
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 immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.