75R11239 SKB-D                           

         By Van de Putte                                       H.B. No. 1284

         Substitute the following for H.B. No. 1284:

         By Berlanga                                       C.S.H.B. No. 1284

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the authority of pharmacists to administer

 1-3     immunizations and vaccinations.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 5(38), Texas Pharmacy Act (Article

 1-6     4542a-1, Vernon's Texas Civil Statutes), is amended to read as

 1-7     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;

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 a specific act of drug

 2-5     therapy management for a patient delegated to a pharmacist by a

 2-6     written protocol from a physician licensed in this state in

 2-7     compliance with the Medical Practice Act (Article 4495b, Vernon's

 2-8     Texas Civil Statutes); and

 2-9                       (G)  administration of immunizations and

2-10     vaccinations under a physician's written protocol.

2-11           SECTION 2.  Section 17, Texas Pharmacy Act (Article 4542a-1,

2-12     Vernon's Texas Civil Statutes), is amended by amending Subsection

2-13     (a)  and by adding Subsections (y), (z), and (aa) to read as

2-14     follows:

2-15           (a)  The board is responsible for the regulation of the

2-16     practice of pharmacy in this state, including the following:

2-17                 (1)  the licensing by examination or by reciprocity of

2-18     applicants who are qualified to engage in the practice of pharmacy

2-19     and the licensing of pharmacies under this Act;

2-20                 (2)  the renewal of licenses to engage in the practice

2-21     of pharmacy and licenses to operate pharmacies;

2-22                 (3)  the determination and issuance of standards for

2-23     recognition and approval of degree requirements of colleges of

2-24     pharmacy whose graduates shall be eligible for licensing in this

2-25     state and the specification and enforcement of requirements for

2-26     practical training, including internship;

2-27                 (4)  the enforcement of those provisions of this Act

 3-1     relating to the conduct or competence of pharmacists practicing in

 3-2     this state and the conduct of pharmacies operating in this state

 3-3     and the suspension, revocation, fining, reprimanding, cancellation,

 3-4     or restriction of licenses to engage in the practice of pharmacy or

 3-5     to operate a pharmacy;

 3-6                 (5)  the specifications of conditions under which a

 3-7     pharmacist may administer medications, including immunizations and

 3-8     vaccinations, which at a minimum shall include the following:

 3-9                       (A)  a licensed health care provider authorized

3-10     to administer the medication is not reasonably available to

3-11     administer the medication;

3-12                       (B)  failure to administer the medication, other

3-13     than an immunization or vaccination, might result in a significant

3-14     delay or interruption of a critical phase of drug therapy;

3-15                       (C)  the pharmacist possesses the necessary

3-16     skill, [and] education, and certification to administer the

3-17     medication as specified by the board;

3-18                       (D)  the pharmacist notifies the appropriate

3-19     licensed health care provider responsible for the patient's care

3-20     within a reasonable time that the medication was administered;

3-21                       (E)  a pharmacist may not administer medications

3-22     to a patient where the patient resides, except in a licensed

3-23     nursing home or hospital;

3-24                       (F)  the pharmacist administers immunizations or

3-25     vaccinations under a physician's written protocol and meets the

3-26     standards established by the board;

3-27                       (G)  the authority of the pharmacist to

 4-1     administer medications may not be delegated;

 4-2                       (H) [(G)]  nothing in this subdivision shall be

 4-3     construed to prohibit a pharmacist from preparing or manipulating

 4-4     biotechnological agents or devices; and

 4-5                       (I) [(H)]  nothing in this subdivision shall be

 4-6     construed as prohibiting a pharmacist from performing an act

 4-7     delegated by a physician in accordance with the provisions of

 4-8     Subsection (d), Section 3.06, Medical Practice Act (Article 4495b,

 4-9     Vernon's Texas Civil Statutes), and the pharmacist performing such

4-10     a delegated medical act shall be considered to be performing a

4-11     medical act and not as engaged in the practice of pharmacy;

4-12                 (6)  the regulation of the training, qualifications,

4-13     and employment of pharmacist-interns; and

4-14                 (7)  the enforcement of this Act and any rules adopted

4-15     under this Act.

4-16           (y)  The board by rule shall require pharmacists to notify a

4-17     physician who prescribes an immunization or vaccination within 24

4-18     hours of administering the immunization or vaccination and  shall

4-19     establish minimum education and continuing education standards for

4-20     pharmacists who administer immunizations and vaccinations.  The

4-21     standards must include Center for Disease Prevention and Control

4-22     training, basic life support training, and hands-on training in

4-23     techniques for administering immunizations and vaccinations.

4-24           (z)  Physician supervision is considered to be adequate for

4-25     the purposes of this section if a delegating physician:

4-26                 (1)  is responsible for the formulation or approval of

4-27     the physician's order, standing medical order, standing delegation

 5-1     order, or other order or protocol and periodically reviews the

 5-2     order or protocol and the services provided to a patient under the

 5-3     order or protocol;

 5-4                 (2)  has established a physician-patient relationship

 5-5     with each patient under 14 years of age and referred the patient to

 5-6     the pharmacist;

 5-7                 (3)  is geographically located so as to be easily

 5-8     accessible to the pharmacy administering the immunization or

 5-9     vaccination;

5-10                 (4)  receives, as appropriate, a periodic status report

5-11     on the patient, including any problem or complication encountered;

5-12     and

5-13                 (5)  is available through direct telecommunication for

5-14     consultation, assistance, and direction.

5-15           (aa)  The Texas State Board of Medical Examiners by rule

5-16     shall establish the minimum content of a written order or protocol.

5-17     The order or protocol may not permit the delegation of medical

5-18     diagnosis.

5-19           SECTION 3.  Subchapter E, Chapter 21, Insurance Code, is

5-20     amended by adding  Article 21.53K to read as follows:

5-21           Art. 21.53K.  PROVISION OF SERVICES RELATED TO IMMUNIZATIONS

5-22     AND VACCINATIONS UNDER MANAGED CARE PLANS

5-23           Sec. 1.  PROHIBITION.  (a)  A managed care entity may not

5-24     require a physician participating in a managed care plan to issue

5-25     an immunization or vaccination protocol for an immunization or

5-26     vaccination to be administered to an enrollee in the plan.

5-27           (b)  This section prohibits a managed care entity from:

 6-1                 (1)  limiting benefits to enrollees for immunizations

 6-2     or vaccinations to circumstances in which an immunization or

 6-3     vaccination protocol is issued;

 6-4                 (2)  providing financial incentives to physicians to

 6-5     issue an immunization or vaccination protocol; or

 6-6                 (3)  imposing a financial or other penalty on a

 6-7     physician who refuses to issue an immunization or vaccination

 6-8     protocol.

 6-9           Sec. 2.  RULES.  The commissioner may adopt rules to

6-10     implement this article.

6-11           SECTION 4.  This Act takes effect September 1, 1997.

6-12           SECTION 5.  Article 21.53K, Insurance Code, as added by this

6-13     Act, applies only to a managed care plan that is delivered, issued

6-14     for delivery, or renewed on or after January 1, 1998.  A managed

6-15     care plan that is delivered, issued for delivery, or renewed before

6-16     January 1, 1998, is governed by the law as it existed immediately

6-17     before the effective date of this Act, and that law is continued in

6-18     effect for that purpose.

6-19           SECTION 6.  The importance of this legislation and the

6-20     crowded condition of the calendars in both houses create an

6-21     emergency and an imperative public necessity that the

6-22     constitutional rule requiring bills to be read on three several

6-23     days in each house be suspended, and this rule is hereby suspended.