Bill Text: TX SB160 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the furnishing by pharmacists and dispensing by physicians of certain medications.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-15 - Referred to Health & Human Services [SB160 Detail]
Download: Texas-2023-SB160-Introduced.html
88R2152 BEE-F | ||
By: Perry | S.B. No. 160 |
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relating to the furnishing by pharmacists and dispensing by | ||
physicians of 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 [ |
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SECTION 2. Section 157.002(f), Occupations Code, is amended | ||
to read as follows: | ||
(f) Subsections (b) and (c) do not authorize a physician or | ||
a person acting under the supervision of a physician to keep a | ||
pharmacy, advertised or otherwise, for the retail sale of dangerous | ||
drugs, other than as authorized under Section 158.003 or 158.004, | ||
without complying with the applicable laws relating to the | ||
dangerous drugs. | ||
SECTION 3. 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 a prescription drug: | ||
(1) as provided by a physician's written protocol, 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: | ||
(A) a rapid strep test or rapid antigen detection | ||
test used in the identification of group A streptococcus (GAS); | ||
(B) a rapid influenza diagnostic test used in the | ||
identification of influenza types A and B; or | ||
(C) a rapid molecular or antigen detection test | ||
used in the identification of the SARS-CoV-2 (COVID-19) virus; or | ||
(2) the furnishing of which is authorized by an | ||
emergency rule adopted under an executive order or emergency | ||
authorization. | ||
(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. | ||
(e) The board and the Texas State Board of Pharmacy shall | ||
enter into a memorandum of understanding regarding the regulation | ||
of pharmacists who furnish prescription drugs to patients under | ||
this section. The memorandum of understanding must be adopted by | ||
rule and provide that: | ||
(1) a pharmacist who furnishes prescription drugs to a | ||
patient under this section is subject only to the disciplinary | ||
authority of the Texas State Board of Pharmacy; and | ||
(2) an inspection of the practice location of a | ||
pharmacist who furnishes prescription drugs to a patient under this | ||
section must be conducted by the Texas State Board of Pharmacy. | ||
SECTION 4. Chapter 158, Occupations Code, is amended by | ||
adding Section 158.004 to read as follows: | ||
Sec. 158.004. DISPENSING OF CERTAIN DRUGS. (a) In this | ||
section, "acute condition" and "waived clinical laboratory test" | ||
have the meanings assigned by Section 157.102. | ||
(b) Notwithstanding any other law, a physician may dispense | ||
to the physician's patient a prescription drug: | ||
(1) 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: | ||
(A) a rapid strep test or rapid antigen detection | ||
test used in the identification of group A streptococcus (GAS); | ||
(B) a rapid influenza diagnostic test used in the | ||
identification of influenza types A and B; or | ||
(C) a rapid molecular or antigen detection test | ||
used in the identification of the SARS-CoV-2 (COVID-19) virus; | ||
(2) that is an antibiotic; or | ||
(3) the dispensing of which is authorized by an | ||
emergency rule adopted under an executive order or emergency | ||
authorization. | ||
(c) The board and the Texas State Board of Pharmacy shall | ||
enter into a memorandum of understanding regarding the regulation | ||
of physicians who dispense prescription drugs to the physicians' | ||
patients under this section. The memorandum of understanding must | ||
be adopted by rule and provide that: | ||
(1) a physician who dispenses prescription drugs to | ||
the physician's patient under this section is subject only to the | ||
disciplinary authority of the board; and | ||
(2) an inspection of the practice location of a | ||
physician who dispenses prescription drugs to the physician's | ||
patient under this section must be conducted by the board. | ||
SECTION 5. 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; [ |
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(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 6. Section 551.004(b), Occupations Code, is amended | ||
to read as follows: | ||
(b) This subtitle does not prevent a practitioner from: | ||
(1) administering a drug to a patient of the | ||
practitioner; or | ||
(2) dispensing a prescription drug to a patient as | ||
provided by Section 158.004. | ||
SECTION 7. 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 8. Section 563.051(d), Occupations Code, is amended | ||
to read as follows: | ||
(d) This section does not authorize a physician or a person | ||
acting under the supervision of a physician to keep a pharmacy, | ||
advertised or otherwise, for the retail sale of dangerous drugs, | ||
other than as authorized under Section 158.003 or 158.004, without | ||
complying with the applicable laws relating to the dangerous drugs. | ||
SECTION 9. Not later than January 1, 2024, the Texas State | ||
Board of Pharmacy and the Texas Medical Board shall adopt the rules | ||
required under Sections 157.102, 158.004, and 562.058, Occupations | ||
Code, as added by this Act. | ||
SECTION 10. This Act takes effect September 1, 2023. |