| 1 | 1 | | 89R4550 DNC-F |
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| 2 | 2 | | By: Sparks S.B. No. 398 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the delegation to a pharmacy technician of a |
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| 10 | 10 | | pharmacist's authority to administer an immunization or vaccine. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 554.004(a), Occupations Code, is amended |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | (a) The board shall specify conditions under which a |
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| 15 | 15 | | pharmacist may administer medication, including an immunization |
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| 16 | 16 | | and vaccination. The conditions must ensure that: |
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| 17 | 17 | | (1) a licensed health care provider authorized to |
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| 18 | 18 | | administer the medication is not reasonably available to administer |
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| 19 | 19 | | the medication; |
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| 20 | 20 | | (2) failure to administer the medication, other than |
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| 21 | 21 | | an immunization or vaccination, might result in a significant delay |
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| 22 | 22 | | or interruption of a critical phase of drug therapy; |
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| 23 | 23 | | (3) the pharmacist possesses the necessary skill, |
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| 24 | 24 | | education, and certification as specified by the board to |
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| 25 | 25 | | administer the medication; |
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| 26 | 26 | | (4) within a reasonable time after administering |
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| 27 | 27 | | medication, the pharmacist notifies the licensed health care |
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| 28 | 28 | | provider responsible for the patient's care that the medication was |
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| 29 | 29 | | administered; |
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| 30 | 30 | | (5) the pharmacist may not administer medication to a |
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| 31 | 31 | | patient at the patient's residence, except at a licensed nursing |
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| 32 | 32 | | home or hospital; |
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| 33 | 33 | | (6) the pharmacist administers an immunization or |
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| 34 | 34 | | vaccination under a physician's written protocol and meets the |
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| 35 | 35 | | standards established by the board; and |
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| 36 | 36 | | (7) the authority of a pharmacist to administer an |
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| 37 | 37 | | immunization or vaccination [medication] may [not] be delegated to |
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| 38 | 38 | | a registered pharmacy technician. |
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| 39 | 39 | | SECTION 2. As soon as practicable after the effective date |
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| 40 | 40 | | of this Act, the Texas State Board of Pharmacy shall adopt rules |
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| 41 | 41 | | necessary to implement Section 554.004(a), Occupations Code, as |
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| 42 | 42 | | amended by this Act. |
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| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2025. |
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