By Madla S.B. No. 659
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.