By Hilbert H.B. No. 2650
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of pharmacy.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 17, Texas Pharmacy Act
1-5 (Article 4542a-1, Vernon's Texas Civil Statutes) is amended as
1-6 follows:
1-7 (a) The board is responsible for the regulation of the
1-8 practice of pharmacy in this state, including the following:
1-9 (1) the licensing by examination or by reciprocity of
1-10 applicants who are qualified to engage in the practice of pharmacy
1-11 and the licensing of pharmacies under this Act;
1-12 (2) the renewal of licenses to engage in the practice
1-13 of pharmacy and licenses to operate pharmacies;
1-14 (3) the determination and issuance of standards for
1-15 recognition and approval of degree requirements of colleges of
1-16 pharmacy whose graduates shall be eligible for licensing in this
1-17 state and the specification and enforcement of requirements for
1-18 practical training, including internship;
1-19 (4) the enforcement of those provisions of this Act
1-20 relating to the conduct or competence of pharmacists practicing in
1-21 this state and the conduct of pharmacies operating in this state
1-22 and the suspension, revocation, fining, reprimanding, cancellation,
1-23 or restriction of licenses to engage in the practice of pharmacy or
2-1 to operate a pharmacy;
2-2 (5) the specifications of conditions under which a
2-3 pharmacist may administer medications which at a minimum shall
2-4 include the following:
2-5 (A) a licensed health care provider authorized
2-6 to administer the medication is not reasonably available to
2-7 administer the medication;
2-8 (B) failure to administer the medication might
2-9 result in a significant delay or interruption of a critical phase
2-10 of drug therapy;
2-11 (C) the pharmacist possesses the necessary skill
2-12 and education to administer the medication;
2-13 (D) the pharmacist notifies the appropriate
2-14 licensed health care provider responsible for the patient's care
2-15 within a reasonable time that the medication was administered;
2-16 (E) <a pharmacist may not administer medications
2-17 to a patient where the patient resides, except in a licensed
2-18 nursing home or hospital;>
2-19 <(F)> the authority of the pharmacist to
2-20 administer medications may not be delegated;
2-21 (F) <(G)> nothing in this subdivision shall be
2-22 construed to prohibit a pharmacist from preparing or manipulating
2-23 biotechnological agents or devices; and
2-24 (G) <(H)> nothing in this subdivision shall be
2-25 construed as prohibiting a pharmacist from performing an act
3-1 delegated by a physician in accordance with the provisions of
3-2 Subsection (d), Section 3.06, Medical Practice Act (Article 4495b,
3-3 Vernon's Texas Civil Statutes), and the pharmacist performing such
3-4 a delegated medical act shall be considered to be performing a
3-5 medical act and not as engaged in the practice of pharmacy;
3-6 (6) the regulation of the training, qualifications,
3-7 and employment of pharmacist-interns; and
3-8 (7) the enforcement of this Act and any rules adopted
3-9 under this Act.
3-10 SECTION 3. This Act takes effect September 1, 1995.
3-11 SECTION 4. The importance of this legislation and the
3-12 crowded conditions of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.