By: Jetton H.B. No. 2079       A BILL TO BE ENTITLED   AN ACT   relating to the authority of pharmacists to order and furnish   certain prescription drugs.          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.  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)  ordering or furnishing a prescription drug to   treat an acute condition in accordance with Section 562.058.          SECTION 3.  Subchapter B, Chapter 562, Occupations Code, is   amended by adding Section 562.058 to read as follows:          Sec. 562.058.  ORDERING AND FURNISHING CERTAIN PRESCRIPTION   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)  "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).          (b)  Notwithstanding any other law, a pharmacist may order   and furnish to a patient 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);                (2)  a rapid influenza diagnostic test used in the   identification of influenza types A and B; or                (3)  a rapid diagnostic test for SARS-CoV-2 or a   related virus used in the identification of COVID-19 or a related   illness.          (c)  The board shall adopt rules to permit a pharmacist to   order and furnish a prescription drug under this section to a   patient without an established physician-patient relationship.          (d)  A pharmacist who orders and furnishes a prescription   drug under this section must provide notice to the patient's   primary care physician, as identified by the patient if the patient   has a primary care physician, not later than the 14th day after the   date the drug is ordered and furnished by the pharmacist.          (e)  The board by rule shall establish requirements to ensure   that a pharmacist possesses the necessary skill and training to   order and furnish prescription drugs under this section.          SECTION 4.  Not later than January 1, 2024, the Texas State   Board of Pharmacy shall adopt the rules required under Section   562.058, Occupations Code, as added by this Act.          SECTION 5.  This Act takes effect September 1, 2023.