74R9609 CAG-D
          By Van de Putte                                       H.B. No. 1508
          Substitute the following for H.B. No. 1508:
          By Berlanga                                       C.S.H.B. No. 1508
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the ability of a pharmacist to perform a specific act
    1-3  delegated to the pharmacist by a written protocol.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 5, Texas Pharmacy Act (Article 4542a-1,
    1-6  Vernon's Texas Civil Statutes), is amended by amending Subdivision
    1-7  (38) and adding Subdivision (50) to read as follows:
    1-8              (38)  "Practice of pharmacy" means:
    1-9                    (A)  provision of those acts or services
   1-10  necessary to provide pharmaceutical care;
   1-11                    (B)  interpretation and evaluation of
   1-12  prescription drug orders or medication orders;
   1-13                    (C)  participation in drug and device selection
   1-14  as authorized by law, drug administration, drug regimen review, or
   1-15  drug or drug-related research;
   1-16                    (D)  provision of patient counseling; <and>
   1-17                    (E)  responsibility for:
   1-18                          (i)  dispensing of prescription drug orders
   1-19  or distribution of medication orders;
   1-20                          (ii)  compounding and labeling of drugs and
   1-21  devices, except labeling by a manufacturer, repackager, or
   1-22  distributor of nonprescription drugs and commercially packaged
   1-23  prescription drugs and devices;
   1-24                          (iii)  proper and safe storage of drugs and
    2-1  devices; or
    2-2                          (iv)  maintenance of proper records for
    2-3  drugs and devices; and
    2-4                    (F)  performance of a specific act of drug
    2-5  therapy management for a patient delegated to a pharmacist by a
    2-6  written protocol from a physician licensed in this state in
    2-7  compliance with the Medical Practice Act (Article 4495b, Vernon's
    2-8  Texas Civil Statutes).
    2-9              (50)  "Written protocol" means a physician's order,
   2-10  standing medical order, standing delegation order, or other order
   2-11  or protocol as defined by rule of the Texas State Board of Medical
   2-12  Examiners under the Medical Practice Act (Article 4495b, Vernon's
   2-13  Texas Civil Statutes).
   2-14        SECTION 2.  Section 17, Texas Pharmacy Act (Article 4542a-1,
   2-15  Vernon's Texas Civil Statutes), is amended by adding Subsection (x)
   2-16  to read as follows:
   2-17        (x)  The board shall adopt rules regarding records to be
   2-18  maintained by a pharmacist performing a specific act under a
   2-19  written protocol.
   2-20        SECTION 3.  Subchapter C, Medical Practice Act (Article
   2-21  4495b, Vernon's Texas Civil Statutes), is amended by adding Section
   2-22  3.061 to read as follows:
   2-23        Sec. 3.061.  DELEGATION OF CERTAIN FUNCTIONS.  (a)  A person
   2-24  licensed to practice medicine may delegate to a properly qualified
   2-25  and trained pharmacist acting under adequate physician supervision
   2-26  the performance of specific acts of drug therapy management
   2-27  authorized by the physician through the physician's order, standing
    3-1  medical order, standing delegation order, or other order or
    3-2  protocol as defined by board rule.
    3-3        (b)  The management of drug therapy permitted under this
    3-4  section must comply with other applicable law, including Section
    3-5  17(a)(5), Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil
    3-6  Statutes).
    3-7        (c)  Physician supervision is considered to be adequate for
    3-8  the purposes of this section if a delegating physician:
    3-9              (1)  is responsible for the formulation or approval of
   3-10  the physician's order, standing medical order, standing delegation
   3-11  order, or other order or protocol and periodically reviews the
   3-12  order or protocol and the services provided to a patient under the
   3-13  order or protocol;
   3-14              (2)  has established a physician-patient relationship
   3-15  with each patient provided drug therapy management by a delegated
   3-16  pharmacist;
   3-17              (3)  is geographically located so as to be able to be
   3-18  physically present daily to provide medical care and supervision;
   3-19              (4)  receives, as appropriate, a periodic status report
   3-20  on the patient, including any problem or complication encountered;
   3-21  and
   3-22              (5)  is available through direct telecommunication for
   3-23  consultation, assistance, and direction.
   3-24        (d)  This section does not restrict the use of a
   3-25  preestablished program of health care or restrict a physician from
   3-26  authorizing the provision of patient care by use of a
   3-27  preestablished health care program if the patient is
    4-1  institutionalized and the care is to be delivered in a licensed
    4-2  hospital with an organized medical staff that has authorized
    4-3  standing delegation orders, standing medical orders, or protocols.
    4-4        (e)  This section may not be construed to limit, expand, or
    4-5  change any provision of law concerning or relating to therapeutic
    4-6  drug substitution or administration of medication, including
    4-7  Section 17(a)(5), Texas Pharmacy Act (Article 4542a-1, Vernon's
    4-8  Texas Civil Statutes).
    4-9        (f)  The board by rule shall establish the minimum content of
   4-10  a written order or protocol.  The order or protocol may not permit
   4-11  the delegation of medical diagnosis.
   4-12        (g)  In this section, "pharmacist" has the meaning assigned
   4-13  by the Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil
   4-14  Statutes).
   4-15        SECTION 4.  This Act takes effect September 1, 1995.
   4-16        SECTION 5.  The importance of this legislation and the
   4-17  crowded condition of the calendars in both houses create an
   4-18  emergency and an imperative public necessity that the
   4-19  constitutional rule requiring bills to be read on three several
   4-20  days in each house be suspended, and this rule is hereby suspended.