Bill Text: TX SB398 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the delegation to a pharmacy technician of a pharmacist's authority to administer an immunization or vaccine.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-20 - Filed [SB398 Detail]
Download: Texas-2025-SB398-Introduced.html
| 89R4550 DNC-F | ||
| By: Sparks | S.B. No. 398 | |
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| 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 [ |
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| 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 immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2025. | ||
