88R2543 BEE-F
 
  By: Raney H.B. No. 5129
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the delegation to a pharmacy technician of a
  pharmacist's authority to administer an immunization or vaccine.
         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, including an immunization
  and vaccination. The conditions 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 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;
               (6)  the pharmacist administers an immunization or
  vaccination under a physician's written protocol and meets the
  standards established by the board; and
               (7)  the authority of a pharmacist to administer an
  immunization or vaccination [medication] may [not] be delegated to
  a registered pharmacy technician.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the Texas State Board of Pharmacy shall adopt rules
  necessary to implement Section 554.004(a), Occupations Code, as
  amended by this Act.
         SECTION 3.  This Act takes effect September 1, 2023.