By Van de Putte                                       H.B. No. 1508
       74R5579 CAG-D
                                 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 specific acts delegated to
    2-5  the pharmacist by a written protocol from a practitioner licensed
    2-6  in this state.
    2-7              (50)  "Written protocol" means a written document by
    2-8  which a practitioner licensed in this state gives a pharmacist the
    2-9  authority to perform specific acts related to the drug therapy
   2-10  management of a patient of the practitioner.
   2-11        SECTION 2.  Section 17, Texas Pharmacy Act (Article 4542a-1,
   2-12  Vernon's Texas Civil Statutes), is amended by adding Subsections
   2-13  (x), (y), and (z) to read as follows:
   2-14        (x)  The board shall adopt rules in conjunction with the
   2-15  Texas State Board of Medical Examiners regarding the content of a
   2-16  written protocol.
   2-17        (y)  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        (z)  A practitioner licensed in this state is not liable for
   2-21  the actions of a pharmacist performing a specific act under a
   2-22  written protocol.
   2-23        SECTION 3.  This Act takes effect September 1, 1995.
   2-24        SECTION 4.  The importance of this legislation and the
   2-25  crowded condition of the calendars in both houses create an
   2-26  emergency and an imperative public necessity that the
   2-27  constitutional rule requiring bills to be read on three several
    3-1  days in each house be suspended, and this rule is hereby suspended.