By: Van de Putte S.B. No. 1429

(In the Senate - Filed March 8, 2007; March 20, 2007, read first time and referred to Committee on Health and Human Services; May 8, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 0; May 8, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1429 By: Deuell

A BILL TO BE ENTITLED

AN ACT

relating to the authority of physicians to delegate to certain pharmacists the implementation and modification of a patient's drug therapy.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 157.101, Occupations Code, is amended by adding Subsection (b-1) to read as follows:

(b-1) A delegation under Subsection (b) may include the implementation or modification of a patient's drug therapy under a protocol, including the authority to sign a prescription drug order for dangerous drugs, if:

(1) the delegation follows a diagnosis, initial patient assessment, and drug therapy order by the physician;

(2) the pharmacist practices in a hospital, hospital-based clinic, or an academic health care institution;

(3) the pharmacist provides the name, address, and telephone number of the pharmacist and of the delegating physician on each prescription signed by the pharmacist; and

(4) the pharmacist provides a copy of the protocol to the Texas State Board of Pharmacy.

SECTION 2. Subchapter A, Chapter 554, Occupations Code, is amended by adding Section 554.017 to read as follows:

Sec. 554.017. LIST OF PHARMACISTS AUTHORIZED TO SIGN PRESCRIPTION DRUG ORDERS. The board shall provide on its Internet website a list of pharmacists who are authorized to sign a prescription drug order under Section 157.101(b-1), including the name of the pharmacist's supervising physician under the protocol required under that subsection.

SECTION 3. Subchapter B, Chapter 554, Occupations Code, is amended by adding Section 554.056 to read as follows:

Sec. 554.056. RULEMAKING; IMPLEMENTATION OF DRUG THERAPY UNDER PROTOCOL. The board, with the advice of the Texas Medical Board, shall adopt rules that allow a pharmacist to implement or modify a patient's drug therapy pursuant to a physician's delegation under Section 157.101(b-1).

SECTION 4. Not later than December 1, 2007, the Texas State Board of Pharmacy shall adopt rules under Section 554.056, Occupations Code, as added by this Act.

SECTION 5. This Act takes effect September 1, 2007.

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