By: Van de Putte  S.B. No. 381
         (In the Senate - Filed December 18, 2008; February 17, 2009,
  read first time and referred to Committee on Health and Human
  Services; March 23, 2009, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  March 23, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 381 By:  Zaffirini
 
 
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 hospital, hospital-based clinic, or academic
  health care institution in which the pharmacist practices has
  bylaws and a medical staff policy that permit a physician to
  delegate to a pharmacist the management of a patient's drug
  therapy;
               (4)  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
               (5)  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 delegating physician under the protocol
  required under that subsection.
         SECTION 3.  Subchapter B, Chapter 554, Occupations Code, is
  amended by adding Section 554.057 to read as follows:
         Sec. 554.057.  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, 2009, the Texas State
  Board of Pharmacy shall adopt rules under Section 554.057,
  Occupations Code, as added by this Act.
         SECTION 5.  This Act takes effect September 1, 2009.
 
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