81R18736 YDB-F
 
  By: Hopson H.B. No. 1409
 
  Substitute the following for H.B. No. 1409:
 
  By:  Coleman C.S.H.B. No. 1409
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the minimum patient age for administration of an
  influenza vaccination by a pharmacist.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 554.052, Occupations Code, is amended by
  amending Subsections (c) and (d) and adding Subsection (c-1) to
  read as follows:
         (c)  Supervision by a physician is adequate if the delegating
  physician:
               (1)  is responsible for formulating or approving an
  order or protocol, including the physician's order, standing
  medical order, or standing delegation order, and periodically
  reviews the order or protocol and the services provided to a patient
  under the order or protocol;
               (2)  except as provided by Subsection (c-1), has
  established a physician-patient relationship with each patient
  under 14 years of age and referred the patient to the pharmacist;
               (3)  is geographically located to be easily accessible
  to the pharmacy where an immunization or vaccination is
  administered;
               (4)  receives, as appropriate, a periodic status report
  on the patient, including any problem or complication encountered;
  and
               (5)  is available through direct telecommunication for
  consultation, assistance, and direction.
         (c-1)  A pharmacist may administer an influenza vaccination
  to a patient over seven years of age without an established
  physician-patient relationship.
         (d)  The Texas [State Board of] Medical Board [Examiners] by
  rule shall establish the minimum content of a written order or
  protocol. The order or protocol may not permit delegation of
  medical diagnosis.
         SECTION 2.  This Act takes effect September 1, 2009.