(a) Purpose. The purpose of this section is to provide standards for the maintenance of records of a pharmacist engaged in the provision of drug therapy management as authorized in Chapter 157 of the Medical Practice Act and §554.005 of the Act.
(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Act--The Texas Pharmacy Act, Chapter 551 - 566 and 568 - 569, Occupations Code, as amended.
  (2) Board--The Texas State Board of Pharmacy.
  (3) Confidential record--Any health-related record maintained by a pharmacy or pharmacist, such as a patient medication record, prescription drug order, or medication order.
  (4) Drug therapy management--The performance of specific acts by pharmacists as authorized by a physician through written protocol. Drug therapy management does not include the selection of drug products not prescribed by the physician, unless the drug product is named in the physician initiated protocol or the physician initiated record of deviation from a standing protocol. Drug therapy management may include the following:
    (A) collecting and reviewing patient drug use histories;
    (B) ordering or performing routine drug therapy related patient assessment procedures including temperature, pulse, and respiration;
    (C) ordering drug therapy related laboratory tests;
    (D) implementing or modifying drug therapy following diagnosis, initial patient assessment, and ordering of drug therapy by a physician as detailed in the protocol; or
    (E) any other drug therapy related act delegated by a physician.
  (5) Medical Practice Act--The Texas Medical Practice Act, Subtitle B, Occupations Code, as amended.
  (6) Written protocol--A physician's order, standing medical order, standing delegation order, or other order or protocol as defined by rule of the Texas Medical Board under the Medical Practice Act.
    (A) A written protocol must contain at a minimum the following:
      (i) a statement identifying the individual physician authorized to prescribe drugs and responsible for the delegation of drug therapy management;
      (ii) a statement identifying the individual pharmacist authorized to dispense drugs and to engage in drug therapy management as delegated by the physician;
      (iii) a statement identifying the types of drug therapy management decisions that the pharmacist is authorized to make which shall include:
        (I) a statement of the ailments or diseases involved, drugs, and types of drug therapy management authorized; and
        (II) a specific statement of the procedures, decision criteria, or plan the pharmacist shall follow when exercising drug therapy management authority;
      (iv) a statement of the activities the pharmacist shall follow in the course of exercising drug therapy management authority, including the method for documenting decisions made and a plan for communication or feedback to the authorizing physician concerning specific decisions made. Documentation shall be recorded within a reasonable time of each intervention and may be performed on the patient medication record, patient medical chart, or in a separate log book; and
      (v) a statement that describes appropriate mechanisms and time schedule for the pharmacist to report to the physician monitoring the pharmacist's exercise of delegated drug therapy management and the results of the drug therapy management.
    (B) A standard protocol may be used or the attending physician may develop a drug therapy management protocol for the individual patient. If a standard protocol is used, the physician shall record what deviations, if any, from the standard protocol are ordered for that patient.
(c) Physician delegation to a pharmacist.
  (1) As specified in Chapter 157 of the Texas Medical Practices Act, a physician may delegate to a properly qualified and trained pharmacist acting under adequate physician supervision the performance of specific acts of drug therapy management authorized by the physician through the physician's order, standing medical order, standing delegation order, or other order or protocol.
  (2) A delegation under paragraph (1) of this subsection may include:
    (A) the implementation or modification of a patient's drug therapy under a protocol, if:
      (i) the delegation follows a diagnosis, initial patient assessment, and drug therapy order by the physician; and
      (ii) the pharmacist maintains a copy of the protocol for inspection until at least the seventh anniversary of the expiration date of the protocol; or
    (B) the authority to sign a prescription drug order for dangerous drugs, if:
      (i) the delegation follows a diagnosis, initial patient assessment, and drug therapy order by the physician;
      (ii) the pharmacist practices in a federally qualified health center, hospital, hospital-based clinic, or an academic health care institution; and
      (iii) the federally qualified health center, hospital, hospital-based clinic, or academic health care institution in which the pharmacist practices has bylaws and a medical staff policy that permit a physician to delegate to a pharmacist the management of a patient's drug therapy.
  (3) A pharmacist who signs a prescription for a dangerous drug under authority granted under paragraph (2) of this subsection shall:
    (A) notify the board that a physician has delegated the authority to sign a prescription for dangerous drugs on an application provided by the board and prior to signing any prescription for a dangerous drug;
    (B) submit a copy of the written protocol to the board at the time of initial notification;
    (C) submit an updated copy of the written protocol to the board if the protocol has changed within 10 days of the change; and
    (D) include the pharmacist's name, address, and telephone number as well as the name, address, and telephone number of the delegating physician on each prescription for a dangerous drug signed by the pharmacist.
  (4) The board shall post the following information on its website:
    (A) the name and license number of each pharmacist who has notified the board that a physician has delegated authority to sign a prescription for a dangerous drug; and
    (B) the name and address of the physician who delegated the authority to the pharmacist.
(d) Pharmacist Training Requirements.
  (1) Initial requirements. A pharmacist shall maintain and provide to the Board within 24 hours of request a statement attesting to the fact that the pharmacist has within the last year:
    (A) completed at least six hours of continuing education related to drug therapy offered by a provider approved by the Accreditation Council for Pharmacy Education (ACPE); or
    (B) engaged in drug therapy management as allowed under previous laws or rules. A statement from the physician supervising the acts shall be sufficient documentation.
  (2) Continuing requirements. A pharmacist engaged in drug therapy management shall annually complete six hours of continuing education related to drug therapy offered by a provider approved by the Accreditation Council for Pharmacy Education (ACPE). (These hours may be applied towards the hours required for renewal of a license to practice pharmacy.)
(e) Supervision. Physician supervision shall be as specified in the Medical Practice Act, Chapter 157 and shall be considered adequate if the delegating physician:
  (1) is responsible for the formulation or approval of the written protocol and any patient-specific deviations from the protocol and review of the written protocol and any patient-specific deviations from the protocol at least annually and the services provided to a patient under the protocol on a schedule defined in the written protocol;
  (2) has established and maintains a physician-patient relationship with each patient provided drug therapy management by a delegated pharmacist and informs the patient that drug therapy will be managed by a pharmacist under written protocol;
  (3) is geographically located so as to be able to be physically present daily to provide medical care and supervision;
  (4) receives, on a schedule defined in the written protocol, a periodic status report on the patient, including any problem or complication encountered;
  (5) is available through direct telecommunication for consultation, assistance, and direction; and
  (6) determines that the pharmacist to whom the physician is delegating drug therapy management establishes and maintains a pharmacist-patient relationship with the patient.
(f) Records.
Cont'd...
(1) Maintenance of records.
    (A) Every record required to be kept under this section shall be kept by the pharmacist and be available, for at least two years from the date of such record, for inspecting and copying by the board or its representative and to other authorized local, state, or federal law enforcement or regulatory agencies.
    (B) Records may be maintained in an alternative data retention system, such as a data processing system or direct imaging system provided:
      (i) the records maintained in the alternative system contain all of the information required on the manual record; and
      (ii) the data processing system is capable of producing a hard copy of the record upon the request of the board, its representative, or other authorized local, state, or federal law enforcement or regulatory agencies.
  (2) Written protocol.
    (A) A copy of the written protocol and any patient-specific deviations from the protocol shall be maintained by the pharmacist.
    (B) A pharmacist shall document all interventions undertaken under the written protocol within a reasonable time of each intervention. Documentation may be maintained in the patient medication record, patient medical chart, or in a separate log.
    (C) A standard protocol may be used or the attending physician may develop a drug therapy management protocol for the individual patient. If a standard protocol is used, the physician shall record what deviations, if any, from the standard protocol are ordered for that patient. A pharmacist shall maintain a copy of any deviations from the standard protocol ordered by the physician.
    (D) Written protocols, including standard protocols, any patient-specific deviations from a standard protocol, and any individual patient protocol, shall be reviewed by the physician and pharmacist at least annually and revised if necessary. Such review shall be documented in the pharmacist's records. Documentation of all services provided to the patient by the pharmacist shall be reviewed by the physician on the schedule established in the protocol.
(g) Confidentiality.
  (1) In addition to the confidentiality requirements specified in §291.27 of this title (relating to Confidentiality) a pharmacist shall comply with:
    (A) the privacy provisions of the federal Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) and any rules adopted pursuant to this act;
    (B) the requirements of Medical Records Privacy contained in Chapter 181, Health and Safety Code;
    (C) the Privacy of Health Information requirements contained in Chapter 28B of the Insurance Code; and
    (D) any other confidentiality provisions of federal or state laws.
  (2) This section shall not affect or alter the provisions relating to the confidentiality of the physician-patient communication as specified in the Medical Practice Act, Chapter 159.
(h) Construction and Interpretation.
  (1) As specified in the Medical Practice Act, Chapter 157, this section does not restrict the use of a pre-established health care program or restrict a physician from authorizing the provision of patient care by use of a pre-established health care program if the patient is institutionalized and the care is to be delivered in a licensed hospital with an organized medical staff that has authorized standing delegation orders, standing medical orders, or protocols.
  (2) As specified in the Medical Practice Act, Chapter 157, this section may not be construed to limit, expand, or change any provision of law concerning or relating to therapeutic drug substitution or administration of medication, including the Act, §554.004.

Source Note: The provisions of this §295.13 adopted to be effective April 7, 1997, 22 TexReg 3112; amended to be effective December 19, 2001, 26 TexReg 10313; amended to be effective June 12, 2005, 30 TexReg 3209; amended to be effective December 6, 2009, 34 TexReg 8721; amended to be effective December 9, 2019, 44 TexReg 7546; amended to be effective March 5, 2020, 45 TexReg 1434; amended to be effective March 14, 2021, 46 TexReg 1641