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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of pharmacists to furnish certain |
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medications. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 483.001(11), Health and Safety Code, is |
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amended to read as follows: |
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(11) "Practice of pharmacy" has the meaning assigned |
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by Section 551.003, Occupations Code [means: |
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[(A) provision of those acts or services |
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necessary to provide pharmaceutical care; |
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[(B) interpretation and evaluation of |
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prescription drug orders or medication orders; |
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[(C) participation in drug and device selection |
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as authorized by law, drug administration, drug regimen review, or |
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drug or drug-related research; |
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[(D) provision of patient counseling; |
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[(E) responsibility for: |
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[(i) dispensing of prescription drug orders |
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or distribution of medication orders in the patient's best |
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interest; |
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[(ii) compounding and labeling of drugs and |
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devices, except labeling by a manufacturer, repackager, or |
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distributor of nonprescription drugs and commercially packaged |
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prescription drugs and devices; |
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[(iii) proper and safe storage of drugs and |
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devices; or |
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[(iv) maintenance of proper records for |
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drugs and devices. In this subdivision, "device" has the meaning |
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assigned by Subtitle J, Title 3, Occupations Code; or |
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[(F) performance of a specific act of drug |
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therapy management for a patient delegated to a pharmacist by a |
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written protocol from a physician licensed by the state under |
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Subtitle B, Title 3, Occupations Code]. |
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SECTION 2. Subchapter C, Chapter 157, Occupations Code, is |
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amended by adding Section 157.102 to read as follows: |
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Sec. 157.102. DELEGATION TO PHARMACIST TO FURNISH CERTAIN |
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DRUGS. (a) In this section: |
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(1) "Acute condition" means a condition or disease |
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that begins abruptly, intensifies rapidly, and is generally not |
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long-lasting. |
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(2) "Pharmacist" has the meaning assigned by Section |
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551.003. |
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(3) "Waived clinical laboratory test" means a clinical |
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laboratory test that is classified as waived under federal |
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regulations issued under the Clinical Laboratory Improvement |
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Amendments of 1988 (42 U.S.C. Section 263a). |
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(4) "Written protocol" means a physician's written |
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order, standing medical order, standing delegation order, or other |
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order or protocol as defined by rule of the board. |
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(b) Notwithstanding any other law, a pharmacist may furnish |
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to a patient, as provided by a physician's written protocol, a |
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prescription drug to treat an acute condition that is identified |
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through performance of one of the following tests, if the test is a |
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waived clinical laboratory test: |
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(1) a rapid strep test or rapid antigen detection test |
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used in the identification of group A streptococcus (GAS); or |
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(2) a rapid influenza diagnostic test used in the |
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identification of influenza types A and B. |
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(c) The board shall adopt rules jointly with the Texas State |
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Board of Pharmacy to establish the minimum content of the written |
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protocol required under Subsection (b). The written protocol may |
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permit a pharmacist to furnish a prescription drug to a patient |
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without an established physician-patient relationship. |
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(d) A written protocol under this section must require |
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notice to the patient's primary care physician, as identified by |
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the patient if the patient has a primary care physician, and |
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prescribe the period for providing the notice and the form of the |
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notice, in accordance with prevailing practices for the provision |
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of notice to a patient's primary care physician. The period for |
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providing the notice may not be later than the 14th day after the |
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date the drug is furnished by the pharmacist. |
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SECTION 3. Section 551.003(33), Occupations Code, is |
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amended to read as follows: |
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(33) "Practice of pharmacy" means: |
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(A) providing an act or service necessary to |
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provide pharmaceutical care; |
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(B) interpreting or evaluating a prescription |
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drug order or medication order; |
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(C) participating in drug or device selection as |
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authorized by law, and participating in drug administration, drug |
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regimen review, or drug or drug-related research; |
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(D) providing patient counseling; |
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(E) being responsible for: |
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(i) dispensing a prescription drug order or |
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distributing a medication order; |
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(ii) compounding or labeling a drug or |
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device, other than labeling by a manufacturer, repackager, or |
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distributor of a nonprescription drug or commercially packaged |
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prescription drug or device; |
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(iii) properly and safely storing a drug or |
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device; or |
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(iv) maintaining proper records for a drug |
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or device; |
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(F) performing for a patient a specific act of |
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drug therapy management delegated to a pharmacist by a written |
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protocol from a physician licensed in this state in compliance with |
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Subtitle B; [or] |
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(G) administering an immunization or vaccination |
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under a physician's written protocol; or |
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(H) furnishing a prescription drug to a patient |
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under a physician's written protocol under Section 157.102. |
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SECTION 4. Subchapter B, Chapter 562, Occupations Code, is |
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amended by adding Section 562.058 to read as follows: |
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Sec. 562.058. TRAINING REQUIRED TO FURNISH CERTAIN DRUGS. |
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(a) A pharmacist may not furnish a prescription drug under Section |
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157.102 unless the pharmacist has completed a training program that |
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is approved by the board and is relevant to the condition treated by |
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the drug. |
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(b) The board shall adopt rules jointly with the Texas |
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Medical Board to establish the minimum content of the training |
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program required under Subsection (a). |
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SECTION 5. Not later than January 1, 2022, the Texas State |
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Board of Pharmacy and the Texas Medical Board shall adopt the rules |
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required under Sections 157.102 and 562.058, Occupations Code, as |
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added by this Act. |
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SECTION 6. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect January 1, 2022. |
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(b) Section 5 of this Act takes effect September 1, 2021. |