(a) In compliance with Insurance Code Chapter 1353 (concerning Immunization or Vaccination Protocols Under Managed Care Plans), an HMO may not require a physician to issue an immunization or vaccination protocol for an immunization or vaccination to be administered to an enrollee by a pharmacist.
(b) No contract between an HMO and a pharmacy or pharmacist may prohibit a pharmacist from administering immunizations or vaccinations if the immunizations or vaccinations are administered in compliance with the Texas Pharmacy Act, Occupations Code, Title 3, Subtitle J, Chapters 551 - 569 (concerning Pharmacy and Pharmacists), and related rules.

Source Note: The provisions of this §11.904 adopted to be effective August 1, 2017, 42 TexReg 2169