By Madla S.B. No. 786
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.