By Van de Putte                                 H.B. No. 1284

      75R4784 SKB-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the authority of pharmacists to administer

 1-3     immunizations.

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

 1-5           SECTION 1.  Section 17(a), Texas Pharmacy Act (Article

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

 1-7     follows:

 1-8           (a)  The board is responsible for the regulation of the

 1-9     practice of pharmacy in this state, including the following:

1-10                 (1)  the licensing by examination or by reciprocity of

1-11     applicants who are qualified to engage in the practice of pharmacy

1-12     and the licensing of pharmacies under this Act;

1-13                 (2)  the renewal of licenses to engage in the practice

1-14     of pharmacy and licenses to operate pharmacies;

1-15                 (3)  the determination and issuance of standards for

1-16     recognition and approval of degree requirements of colleges of

1-17     pharmacy whose graduates shall be eligible for licensing in this

1-18     state and the specification and enforcement of requirements for

1-19     practical training, including internship;

1-20                 (4)  the enforcement of those provisions of this Act

1-21     relating to the conduct or competence of pharmacists practicing in

1-22     this state and the conduct of pharmacies operating in this state

1-23     and the suspension, revocation, fining, reprimanding, cancellation,

1-24     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                       (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                       (H)  nothing in this subdivision shall be

2-25     construed to prohibit a pharmacist from administering

2-26     immunizations; and

2-27                       (I)  nothing in this subdivision shall be

 3-1     construed as prohibiting a pharmacist from performing an act

 3-2     delegated by a physician in accordance with the provisions of

 3-3     Subsection (d), Section 3.06, Medical Practice Act (Article 4495b,

 3-4     Vernon's Texas Civil Statutes), and the pharmacist performing such

 3-5     a delegated medical act shall be considered to be performing a

 3-6     medical act and not as engaged in the practice of pharmacy;

 3-7                 (6)  the regulation of the training, qualifications,

 3-8     and employment of pharmacist-interns; and

 3-9                 (7)  the enforcement of this Act and any rules adopted

3-10     under this Act.

3-11           SECTION 2.  The importance of this legislation and the

3-12     crowded condition 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,

3-16     and that this Act take effect and be in force from and after its

3-17     passage, and it is so enacted.