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AN ACT
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relating to the authority of physicians to delegate to certain |
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pharmacists the implementation and modification of a patient's drug |
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therapy. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 157.101, Occupations Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) A delegation under Subsection (b) may include the |
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implementation or modification of a patient's drug therapy under a |
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protocol, including the authority to sign a prescription drug order |
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for dangerous drugs, if: |
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(1) the delegation follows a diagnosis, initial |
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patient assessment, and drug therapy order by the physician; |
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(2) the pharmacist practices in a hospital, |
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hospital-based clinic, or an academic health care institution; |
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(3) the hospital, hospital-based clinic, or academic |
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health care institution in which the pharmacist practices has |
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bylaws and a medical staff policy that permit a physician to |
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delegate to a pharmacist the management of a patient's drug |
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therapy; |
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(4) the pharmacist provides the name, address, and |
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telephone number of the pharmacist and of the delegating physician |
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on each prescription signed by the pharmacist; and |
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(5) the pharmacist provides a copy of the protocol to |
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the Texas State Board of Pharmacy. |
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SECTION 2. Subchapter A, Chapter 554, Occupations Code, is |
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amended by adding Section 554.017 to read as follows: |
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Sec. 554.017. LIST OF PHARMACISTS AUTHORIZED TO SIGN |
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PRESCRIPTION DRUG ORDERS. The board shall provide on its Internet |
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website a list of pharmacists who are authorized to sign a |
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prescription drug order under Section 157.101(b-1), including the |
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name of the pharmacist's delegating physician under the protocol |
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required under that subsection. |
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SECTION 3. Subchapter B, Chapter 554, Occupations Code, is |
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amended by adding Section 554.057 to read as follows: |
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Sec. 554.057. RULEMAKING; IMPLEMENTATION OF DRUG THERAPY |
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UNDER PROTOCOL. The board, with the advice of the Texas Medical |
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Board, shall adopt rules that allow a pharmacist to implement or |
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modify a patient's drug therapy pursuant to a physician's |
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delegation under Section 157.101(b-1). |
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SECTION 4. Not later than December 1, 2009, the Texas State |
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Board of Pharmacy shall adopt rules under Section 554.057, |
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Occupations Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 381 passed the Senate on |
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March 25, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 381 passed the House on |
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May 19, 2009, by the following vote: Yeas 143, Nays 2, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |