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AN ACT
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relating to the minimum patient age for administration of an |
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influenza vaccination by a pharmacist. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 554.052, Occupations Code, is amended by |
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amending Subsections (c) and (d) and adding Subsection (c-1) to |
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read as follows: |
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(c) Supervision by a physician is adequate if the delegating |
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physician: |
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(1) is responsible for formulating or approving an |
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order or protocol, including the physician's order, standing |
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medical order, or standing delegation order, and periodically |
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reviews the order or protocol and the services provided to a patient |
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under the order or protocol; |
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(2) except as provided by Subsection (c-1), has |
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established a physician-patient relationship with each patient |
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under 14 years of age and referred the patient to the pharmacist; |
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(3) is geographically located to be easily accessible |
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to the pharmacy where an immunization or vaccination is |
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administered; |
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(4) receives, as appropriate, a periodic status report |
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on the patient, including any problem or complication encountered; |
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and |
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(5) is available through direct telecommunication for |
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consultation, assistance, and direction. |
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(c-1) A pharmacist may administer an influenza vaccination |
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to a patient over seven years of age without an established |
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physician-patient relationship. |
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(d) The Texas [State Board of] Medical Board [Examiners] by |
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rule shall establish the minimum content of a written order or |
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protocol. The order or protocol may not permit delegation of |
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medical diagnosis. |
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SECTION 2. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1409 was passed by the House on April |
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9, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1409 was passed by the Senate on May |
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20, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |