By: Hopson (Senate Sponsor - Nichols) H.B. No. 1409

(In the Senate - Received from the House April 14, 2009; April 27, 2009, read first time and referred to Committee on Health and Human Services; May 8, 2009, reported favorably by the following vote: Yeas 9, Nays 0; May 8, 2009, sent to printer.)

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.

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