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By:  Van de Putte                                                 S.B. No. 1720


A BILL TO BE ENTITLED

AN ACT

relating to drug therapy management by pharmacists.                           
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (a) and (b), Section 157.101, Chapter 
157, Occupations Code are amended as follows.  (a)  In this 
section: [,]
		(1)  "Carrying out or signing a prescription" means the 
signing of a prescription or a medication order by a pharmacist 
after that person has been designated to the board by the delegating 
physician as a person authorized to sign a prescription or 
medication order.
		(2)  "Controlled substance" has the meaning assigned to 
that term by Section 481.002, Health and Safety Code.
		(3)  "Dangerous drug" has the meaning assigned to that 
term by Section 483.001, Health and Safety Code.
		(4)  "Pharmacist" has the meaning assigned by Section 
551.003.
	(b)  A physician may delegate to a properly qualified and 
trained pharmacist acting under adequate physician supervision the 
performance of specific acts of drug therapy management authorized 
by the physician through the physician's order, standing medical 
order, standing delegation order, or other order or protocol as 
defined by board rule.  Drug therapy management may include 
delegation of the carrying out or signing of a prescription.
	SECTION 2.  Subchapter C., Chapter 157, Occupations Code is 
amended by adding a new section 157.102 as follows.
	Sec. 157.102.  Prescription Drug Orders  (a)  A physician's 
authority to delegate the carrying out or signing of a prescription 
under this subchapter is limited to:
		(1)  dangerous drugs; and                                              
		(2)  controlled substances to the extent provided by 
Subsection (b). 
	(b)  A physician may delegate the carrying out or signing of 
a prescription for a controlled substance only if:
		(1)  the prescription is for a controlled substance 
listed in Schedules III, IV, or V as established by the commissioner 
of public health under Chapter 481, Health and Safety Code;
		(2)  the prescription is for a period not to exceed 30 
days;         
		(3)  with regard to the refill of a prescription, the 
refill is authorized after consultation with the delegating 
physician and the consultation is noted in the patient's chart; and
		(4)  with regard to a prescription for a child less than 
two years of age, the prescription is made after consultation with 
the delegating physician and the consultation is noted in the 
patient's chart.
	(c)  the following information must be provided on each 
prescription subject to this subchapter:
		(1)  the patient's name and address;                                   
		(2)  the drug to be dispensed;                                         
		(3)  directions to the patient regarding the taking of 
the drug and the dosage;
		(4)  the intended use of the drug, if appropriate;                     
		(5)  the name, address, and telephone number of the 
physician;       
		(6)  the name, address, telephone number, and 
identification number of the pharmacist carrying out or signing the 
prescription;
		(7)  the date; and                                                     
		(8)  the number of refills permitted.                                  
	SECTION 3.  This Act takes effect September 1, 2005.