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.