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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of an immunization or vaccination by |
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a pharmacist. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 554.004, Occupations |
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Code, is amended to read as follows: |
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Sec. 554.004. ADMINISTRATION OF IMMUNIZATION OR |
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VACCINATION [MEDICATION]. |
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SECTION 2. Section 554.004(a), Occupations Code, is amended |
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to read as follows: |
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(a) The board shall specify conditions under which a |
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pharmacist may administer [medication, including] an immunization |
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or [and] vaccination. The conditions must ensure that: |
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(1) [a licensed health care provider authorized to
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administer the medication is not reasonably available to administer
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the medication;
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[(2)
failure to administer the medication, other than
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an immunization or vaccination, might result in a significant delay
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or interruption of a critical phase of drug therapy;
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[(3)] the pharmacist possesses the necessary skill, |
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education, and certification as specified by the board to |
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administer the immunization or vaccination [medication]; |
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(2) [(4)] within a reasonable time after |
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administering an immunization or vaccination [medication], the |
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pharmacist notifies the licensed health care provider responsible |
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for the patient's care that the immunization or vaccination |
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[medication] was administered; |
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(3) [(5)] the pharmacist may not administer an |
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immunization or vaccination [medication] to a patient at the |
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patient's residence, except at a licensed nursing home or hospital; |
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(4) [(6)] the pharmacist administers an immunization |
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or vaccination under a physician's written protocol and meets the |
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standards established by the board; and |
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(5) [(7)] the authority of a pharmacist to administer |
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an immunization or vaccination [medication] may not be delegated. |
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SECTION 3. Sections 554.052(a) and (c), Occupations Code, |
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are amended to read as follows: |
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(a) The board by rule shall require a pharmacist to notify a |
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physician who prescribes an immunization or vaccination [within 24
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hours] after the pharmacist administers the immunization or |
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vaccination. The physician shall prescribe the period for providing |
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notice and the form of the notice under a written protocol. The |
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period for providing notice may not be later than the 14th day after |
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the date the immunization or vaccination is administered. |
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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 seven [14] years of age and referred the patient to the |
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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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SECTION 4. Section 554.052(c-1), Occupations Code, is |
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repealed. |
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SECTION 5. This Act takes effect September 1, 2013. |