Bill Text: TX HB3458 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the administration of an immunization or vaccination by a pharmacist.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2019-04-04 - Left pending in subcommittee [HB3458 Detail]
Download: Texas-2019-HB3458-Introduced.html
By: Dutton | H.B. No. 3458 |
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relating to the administration of an immunization or vaccination by | ||
a pharmacist. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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, other than [ |
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immunization or [ |
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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[ |
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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 medication; | ||
(4) within a reasonable time after administering | ||
medication, the pharmacist notifies the licensed health care | ||
provider responsible for the patient's care that the medication was | ||
administered; | ||
(5) the pharmacist may not administer medication to a | ||
patient at the patient's residence, except at a licensed | ||
nursing home or hospital; and | ||
(6) [ |
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medication may not be delegated. | ||
SECTION 2. Subchapter A, Chapter 554, Occupations Code, is | ||
amended by adding Section 554.0041 to read as follows: | ||
Sec. 554.0041. ADMINISTRATION OF IMMUNIZATION OR | ||
VACCINATION. The board shall specify conditions under which a | ||
pharmacist may administer an immunization or vaccination. The | ||
conditions must ensure that: | ||
(1) the pharmacist possesses the necessary skill, | ||
education, and certification as specified by the board to | ||
administer the immunization or vaccination; | ||
(2) within a reasonable time after administering an | ||
immunization or vaccination, the pharmacist notifies the licensed | ||
health care provider responsible for the patient's care that the | ||
immunization or vaccination was administered; and | ||
(3) the authority of a pharmacist to administer an | ||
immunization or vaccination may not be delegated. | ||
SECTION 3. Sections 554.052(a), (c) and (c-1), 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]] | ||
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 14 years of age and referred the patient to the pharmacist; | ||
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to the pharmacy where an immunization or vaccination is | ||
administered; | ||
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report on the patient, including any problem or complication | ||
encountered; and | ||
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telecommunication for consultation, assistance, and direction. | ||
(c-1) A pharmacist may administer [an influenza | ||
vaccination]] | ||
least [ |
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physician-patient relationship. | ||
SECTION 4. This Act takes effect September 1, 2019. |