bill letting pharmacists treat strep and flu on site

The text as introduced · 893 words

89R3302 RAL-F

By: Howard
H.B. No. 845

A BILL TO BE ENTITLED

AN ACT

relating to the authority of pharmacists to furnish certain

medications.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 483.001(11), Health and Safety Code, is

amended to read as follows:

(11) "Practice of pharmacy" has the meaning assigned

by Section 551.003, Occupations Code [ means:

[ (A) provision of those acts or services

necessary to provide pharmaceutical care;

[ (B) interpretation and evaluation of

prescription drug orders or medication orders;

[ (C) participation in drug and device selection

as authorized by law, drug administration, drug regimen review, or

drug or drug-related research;

[ (D) provision of patient counseling;

[ (E) responsibility for:

[ (i) dispensing of prescription drug orders

or distribution of medication orders in the patient's best

interest;

[ (ii) compounding and labeling of drugs and

devices, except labeling by a manufacturer, repackager, or

distributor of nonprescription drugs and commercially packaged

prescription drugs and devices;

[ (iii) proper and safe storage of drugs and

devices; or

[ (iv) maintenance of proper records for

drugs and devices. In this subdivision, "device" has the meaning

assigned by Subtitle J, Title 3, Occupations Code; or

[ (F) performance of a specific act of drug

therapy management for a patient delegated to a pharmacist by a

written protocol from a physician licensed by the state under

Subtitle B, Title 3, Occupations Code ].

SECTION 2. Subchapter C, Chapter 157, Occupations Code, is

amended by adding Section 157.102 to read as follows:

Sec. 157.102. DELEGATION TO PHARMACIST TO FURNISH CERTAIN

DRUGS. (a) In this section:

(1) "Acute condition" means a condition or disease

that begins abruptly, intensifies rapidly, and is generally not

long-lasting.

(2) "Pharmacist" has the meaning assigned by Section

551.003.

(3) "Waived clinical laboratory test" means a clinical

laboratory test that is classified as waived under federal

regulations issued under the Clinical Laboratory Improvement

Amendments of 1988 (42 U.S.C. Section 263a).

(4) "Written protocol" means a physician's written

order, standing medical order, standing delegation order, or other

order or protocol as defined by rule of the board.

(b) Notwithstanding any other law, a pharmacist may furnish

to a patient, as provided by a physician's written protocol, a

prescription drug to treat an acute condition that is identified

through performance of one of the following tests, if the test is a

waived clinical laboratory test:

(1) a rapid strep test or rapid antigen detection test

used in the identification of group A streptococcus (GAS); or

(2) a rapid influenza diagnostic test used in the

identification of influenza types A and B.

(c) The board shall adopt rules jointly with the Texas State

Board of Pharmacy to establish the minimum content of the written

protocol required under Subsection (b). The written protocol may

permit a pharmacist to furnish a prescription drug to a patient

without an established physician-patient relationship.

(d) A written protocol under this section must require

notice to the patient's primary care physician, as identified by

the patient if the patient has a primary care physician, and

prescribe the period for providing the notice and the form of the

notice, in accordance with prevailing practices for the provision

of notice to a patient's primary care physician. The period for

providing the notice may not be later than the 14th day after the

date the drug is furnished by the pharmacist.

SECTION 3. Section 551.003(33), Occupations Code, is

amended to read as follows:

(33) "Practice of pharmacy" means:

(A) providing an act or service necessary to

provide pharmaceutical care;

(B) interpreting or evaluating a prescription

drug order or medication order;

(C) participating in drug or device selection as

authorized by law, and participating in drug administration, drug

regimen review, or drug or drug-related research;

(D) providing patient counseling;

(E) being responsible for:

(i) dispensing a prescription drug order or

distributing a medication order;

(ii) compounding or labeling a drug or

device, other than labeling by a manufacturer, repackager, or

distributor of a nonprescription drug or commercially packaged

prescription drug or device;

(iii) properly and safely storing a drug or

device; or

(iv) maintaining proper records for a drug

or device;

(F) performing for a patient a specific act of

drug therapy management delegated to a pharmacist by a written

protocol from a physician licensed in this state in compliance with

Subtitle B; [ or ]

(G) administering an immunization or vaccination

under a physician's written protocol ; or

(H) furnishing a prescription drug to a patient

under a physician's written protocol under Section 157.102 .

SECTION 4. Subchapter B, Chapter 562, Occupations Code, is

amended by adding Section 562.058 to read as follows:

Sec. 562.058. TRAINING REQUIRED TO FURNISH CERTAIN DRUGS.

(a) A pharmacist may not furnish a prescription drug under Section

157.102 unless the pharmacist has completed a training program that

is approved by the board and is relevant to the condition treated by

the drug.

(b) The board shall adopt rules jointly with the Texas

Medical Board to establish the minimum content of the training

program required under Subsection (a).

SECTION 5. Not later than January 1, 2026, the Texas State

Board of Pharmacy and the Texas Medical Board shall adopt the rules

required under Sections 157.102 and 562.058, Occupations Code, as

added by this Act.

SECTION 6. This Act takes effect September 1, 2025.