SRC-CDH C.S.S.B. 786 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 786
By: Madla
Health & Human Services
4-11-97
Committee Report (Substituted)


DIGEST 

Currently, under the definition of "practice of pharmacy," a pharmacist is
allowed to administer medications in certain situations; however, this
administrative authority does not include administration of immunizations
or vaccinations.  Each year, approximately 60,000 Americans die of
vaccine-preventable infections, and Texas' immunization rate of 71 percent
ranks the state 38th in the nation.   This legislation redefines "practice
of pharmacy" to include the administration of immunizations and
vaccinations under a physician's written protocol, in an effort to make
vaccinations and immunizations more easily-accessible and improve the
current health care delivery system.  C.S.S.B. 786 requires a pharmacist
to notify a physician 24 hours before administering a prescribed
immunization or vaccination, and requires the Texas Board of Pharmacy to
establish minimum education and continuing education standards for those
pharmacists.  In addition, this bill establishes prohibitions barring a
managed care entity from requiring a physician to issue a protocol, or
limiting benefits to enrollees, providing financial incentives to
physicians, or imposing penalties on physicians in an effort to either
encourage or discourage the issuance of a protocol. 

PURPOSE

As proposed, C.S.S.B. 786 establishes the authority of pharmacists to
administer immunizations and vaccinations.   

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas State Board of Pharmacy in
SECTION 2 (Section 17(y), Article 4542a-1, V.T.C.S., Texas Pharmacy Act);
to the Texas State Board of Medical Examiners in SECTION 2 (Section
17(aa), Article 4542a-1, V.T.C.S.); and to the commissioner of health in
SECTION 3 (Section 4, Article 21.53K, Insurance Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 5(38), Article 4542a-1, V.T.C.S. (Texas Pharmacy
Act), to redefine "practice of pharmacy" to mean administration of
immunizations and vaccinations under a physician's written protocol, among
other meanings. 

SECTION 2. Amends Section 17, Article 4542a-1, V.T.C.S., by amending
Subsection (a), and by adding Subsections (y), (z), and (aa), to establish
that the Texas State Board of Pharmacy (board) is responsible for the
regulation of the conditions under which a pharmacist is authorized to
administer medications, including immunizations and vaccinations, which at
a minimum shall include that the pharmacist possesses the necessary skill,
education, and certification as specified by the board; and that the
pharmacist administers immunizations or vaccinations under a physician's
written protocol and meets the standards established by the board.
Requires the board, by rule, to require pharmacists to notify a physician
who prescribes an immunization or vaccination within 24 hours of
administering the immunization or vaccination; and establish minimum
education and continuing education standards for pharmacists who
administer immunizations and vaccinations.  Requires the standards to
include Center for Disease Prevention and Control training, basic life
support training, and hands-on training in techniques for administering
immunizations and vaccinations. Sets forth the terms under which physician
supervision is considered to be adequate for the purposes of this section.
Requires the Texas State Board of Medical Examiners, by rule, to establish
the minimum  

 content of a written order or protocol.  Prohibits the order from
permitting the delegation of medical diagnosis.  Makes a conforming
change. 

SECTION 3. Amends Chapter 21E, 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.  PROHIBITION.  Prohibits a managed care entity from requiring a
physician participating  in a managed care plan to issue an immunization
or vaccination protocol for an immunization or vaccination to be
administered to an enrollee in the plan.  Prohibits a managed care entity
from limiting benefits, providing financial incentives, or imposing a
financial or other penalty on a physician under certain circumstances
involving the issuance of an immunization or vaccination protocol.   

Sec. 2.  RULES.  Authorizes the commissioner of health to adopt rules to
implement this article. 

SECTION 4. Effective date:  September 1, 1997.

SECTION 5. Makes application of this Act prospective to January 1, 1998
regarding a managed care plan. 

SECTION 6. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Changes the relating clause to establish the authority of pharmacists to
administer immunizations and vaccinations, rather than immunizations. 

SECTION 1.

Amends Section 5(38), Article 4542a-1, V.T.C.S., to redefine "practice of
pharmacy." 

SECTION 2.

Amends Section 17, Article 4542a-1, V.T.C.S., to provide that the board is
responsible for the regulation of the practice of pharmacy, including the
specifications of conditions under which a pharmacist may administer
medications, including immunizations and vaccinations; and the requirement
that a pharmacist administer immunizations or vaccinations under a
physician's written protocol and meet the standards established by the
board, rather than the provision that nothing in this subdivision shall be
construed to prohibit a pharmacist from administering immunizations.  Sets
forth the terms by which the board, by rule, is required to require
pharmacists to notify a physician within a certain period after
administering an immunization or vaccination, and is required to establish
minimum education and continuing education standards for such pharmacists.
Establishes the conditions under which physician supervision is considered
to be adequate.  Requires the Texas State Board of Medical Examiners, by
rule, to establish the minimum content of a written order or protocol.
Prohibits the order or protocol from permitting the delegation of medical
diagnosis.    

SECTION 3.

Amends Chapter 21E, Insurance Code, by adding Article 21.53K, entitled,
"PROVISION OF SERVICES RELATED TO IMMUNIZATIONS AND VACCINATIONS UNDER
MANAGED CARE PLANS." 

Prohibits a managed care entity from requiring a physician to issue an
immunization or vaccination protocol, and from limiting benefits,
providing financial incentives, or imposing penalties related to the
issuance of a protocol. 
 
Authorizes the commissioner of health to adopt rules to implement this
article. 

SECTION 4.

Changes the effective date to September 1, 1997 from "upon passage."

SECTION 5.

Makes application of this Act prospective to January 1, 1998 regarding a
managed care plan.