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        |  | A BILL TO BE ENTITLED | 
      
        |  | AN ACT | 
      
        |  | relating to the administration of a medication, immunization, or | 
      
        |  | vaccination by a pharmacist. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  The heading to Section 554.004, Occupations | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | Sec. 554.004.  ADMINISTRATION OF MEDICATION, IMMUNIZATION, | 
      
        |  | OR VACCINATION. | 
      
        |  | SECTION 2.  Section 554.004(a), Occupations Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | (a)  The board shall specify conditions under which a | 
      
        |  | pharmacist may administer medication, including an immunization or | 
      
        |  | [ and] vaccination.  The conditions for the administration of an | 
      
        |  | immunization or vaccination must ensure that: | 
      
        |  | (1)  [ a licensed health care provider authorized to  | 
      
        |  | administer the medication is not reasonably available to administer  | 
      
        |  | the medication; | 
      
        |  | [ (2)  failure to administer the medication, other than  | 
      
        |  | an immunization or vaccination, might result in a significant delay  | 
      
        |  | or interruption of a critical phase of drug therapy; | 
      
        |  | [ (3)]  the pharmacist possesses the necessary skill, | 
      
        |  | education, and certification as specified by the board to | 
      
        |  | administer the immunization or vaccination [ medication]; | 
      
        |  | (2) [ (4)]  within a reasonable time after | 
      
        |  | administering an immunization or vaccination [ medication], the | 
      
        |  | pharmacist notifies the licensed health care provider responsible | 
      
        |  | for the patient's care that the immunization or vaccination | 
      
        |  | [ medication] was administered; | 
      
        |  | (3) [ (5)]  the pharmacist may not administer an | 
      
        |  | immunization or vaccination [ medication] to a patient at the | 
      
        |  | patient's residence, except at a licensed nursing home or hospital; | 
      
        |  | (4) [ (6)]  the pharmacist administers an immunization | 
      
        |  | or vaccination under a physician's written protocol and meets the | 
      
        |  | standards established by the board; and | 
      
        |  | (5) [ (7)]  the authority of a pharmacist to administer | 
      
        |  | an immunization or vaccination [ medication] may not be delegated. | 
      
        |  | SECTION 3.  Sections 554.052(a) and (c), Occupations Code, | 
      
        |  | are amended to read as follows: | 
      
        |  | (a)  The board by rule shall require a pharmacist to notify a | 
      
        |  | physician who prescribes an immunization or vaccination [ within 24  | 
      
        |  | hours] after the pharmacist administers the immunization or | 
      
        |  | vaccination. The physician shall prescribe the period for providing | 
      
        |  | notice and the form of the notice in the physician's written | 
      
        |  | protocol. The period for providing notice may not be later than the | 
      
        |  | 14th day after the date the immunization or vaccination is | 
      
        |  | administered. | 
      
        |  | (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 seven [ 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. | 
      
        |  | SECTION 4.  Section 554.052(c-1), Occupations Code, is | 
      
        |  | repealed. | 
      
        |  | SECTION 5.  This Act takes effect September 1, 2015. |