BG C.S.H.B. 1284 75(R)BILL ANALYSIS


PUBLIC HEALTH
C.S.H.B. 1284
By: Van de Putte
4-10-97
Committee Report (Substituted)



BACKGROUND 

Texas is ranked as one of the states with the highest number of children
who have not been immunized.  Some states have conducted pilot studies on
the effect of children's immunization rates when pharmacists were allowed
to administer vaccines.  The results of these studies showed a dramatic
increase in the number of children who were immunized. 

Currently in Texas, a few pharmacists administer flu vaccines and other
immunizations in their pharmacies, under the provisions of Section
17(a)(5) of the Texas Pharmacy Act.  This provision allows a pharmacist to
administer medications when this action is delegated to a pharmacist by a
physician.  Because this is not a defined action of the practice of
pharmacy, the administration of vaccines is not covered by a pharmacist's
liability insurance. 

PURPOSE

CSHB 1284 would allow pharmacists to administer immunizations as a part of
the practice of pharmacy when ordered by a physician. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill grants rulemaking authority
in SECTION 2 to the State Board of  Pharmacy (Section 17(y), Texas
Pharmacy Act) and to the Texas State Board of Medical Examiners (Section
17(aa), Texas Pharmacy Act). Rulemaking authority is also granted to the
Commissioner of Insurance in SECTION 3 (Article 21.53K, Sec. 2, Insurance
Code). 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 5(38), Texas Pharmacy Act (Article 4542a-1,
Vernon's Texas Civil Statutes) by adding subsection (G) "administration of
immunizations and vaccinations under a physician's written protocol," to
the list of meanings under "practice of pharmacy." 

SECTION 2.  Amends Section 17, Texas Pharmacy Act (Article 4542a-1,
Vernon's Texas Civil Statutes) by amending Subsection (a) and adding
Subsections (y), (z), and (aa) as follows: 

Subsection (a) adds language to include immunizations and vaccinations as
types of medications which a pharmacist is allowed to administer using the
specifications of conditions as specified. Adds language regarding a
pharmacist possessing not only necessary skill and education, but also
"certification as specified by the board" to administer medication. Adds
that the pharmacist administers immunizations or vaccinations under a
physician's written protocol and meets board established standards. Makes
conforming changes to reletter some of the specifications. 

Subsection (y) requires the board, by rule, to require pharmacists to
notify a physician who prescribes an immunization or vaccination within 24
hours of administering it. Requires the board to establish minimum
education standards as specified.  

Subsection (z) establishes that physician supervision is adequate if a
delegating physician is responsible for physicians orders as specified or
protocols as specified; has referred a  patient under 14 years of age with
whom there is an established physician-patient relationship; is
geographically indicated as specified; receives status reports as
specified; and is directly available for communication as specified. 

Subsection (aa) requires the Texas State Board of Medical Examiners, by
rule, to establish the minimum content of a written order or protocol.
Establishes that the order or protocol may not permit delegation of
medical diagnosis.    

SECTION 3.  Amends Subchapter E, Chapter 21, Insurance Code, by adding
Article 21.53K as follows:  

Art.21.53K.  PROVISION OF SERVICES RELATED TO IMMUNIZATIONS AND
VACCINATIONS UNDER MANAGED CARE PLANS 

Sec. 1.  Prohibits a managed care entity from requiring a participating
physician to issue an immunization or vaccination protocol as specified.
Establishes that a managed care entity is prohibited from limiting
enrollee immunization benefits as specified; from providing physicians
financial incentives as specified; or from imposing penalties as
specified. 

Sec. 2. Allows the commissioner to adopt rules to implement this article.

SECTION 4.  Establishes that this Act takes effect September 1, 1997.

SECTION 5.  Establishes that Article 21.53K, Insurance Code, as added by
this Act, applies only to a managed care plan that is delivered, issued
for delivery or renewed on or after January 1, 1998.  A plan before that
date is governed by existing law, which is continued in effect for that
purpose. 

SECTION 6.  Emergency Clause. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill in a single section, amended Section 17(a) of the Texas
Pharmacy Act to state that the administering of  immunizations by
pharmacists was not prohibited. The substitute bill expands on that
intention; it adds to the meaning of the "practice of pharmacy" under
Section 5 of the Texas Pharmacy Act to enable pharmacists to administer
immunizations and vaccinations. By including the capacity to administer
immunizations within regulations regarding the "administration of
medication" under jurisdiction of the State Board of Pharmacy, SECTION 2
of CSHB 1284 puts specific limitations and regulations on a pharmacist's
ability and authority to administer immunizations. It also allows for
promulgation of rules and establishment of minimum education standards and
provides for written protocols through the Board of Medical Examiners.  

Additionally, the substitute bill adds SECTION 3 to prohibit a managed
care organization from compelling any physician from establishing a
written protocol for the purpose of directing pharmacists to perform
immunizations and vaccinations. SECTION 5 has been added to explain the
applicability and effective dates of this amendment of the Insurance Code
on managed care plans.