Sec. 142.0062. POSSESSION OF CERTAIN VACCINES OR TUBERCULIN. (a) A home and community support services agency or its employees who are registered nurses or licensed vocational nurses may purchase, store, or transport for the purpose of administering to the agency's employees, home health or hospice patients, or patient family members under physician's standing orders the following dangerous drugs:
(1) hepatitis B vaccine;
(2) influenza vaccine;
(3) tuberculin purified protein derivative for tuberculosis testing;
(4) pneumococcal polysaccharide vaccine; and
(5) any other vaccine approved, authorized for emergency use, or otherwise permitted for use by the United States Food and Drug Administration to treat or mitigate the spread of a communicable disease, as defined by Section 81.003.
(b) A home and community support services agency that purchases, stores, or transports a vaccine or tuberculin under this section shall ensure that any standing order for the vaccine or tuberculin:
(1) is signed and dated by the physician;
(2) identifies the vaccine or tuberculin covered by the order;
(3) indicates that the recipient of the vaccine or tuberculin has been assessed as an appropriate candidate to receive the vaccine or tuberculin and has been assessed for the absence of any contraindication;
(4) indicates that appropriate procedures are established for responding to any negative reaction to the vaccine or tuberculin; and
(5) orders that a specific medication or category of medication be administered if the recipient has a negative reaction to the vaccine or tuberculin.
Added by Acts 1997, 75th Leg., ch. 1129, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.195, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 49 (H.B. 797), Sec. 1, eff. May 18, 2021.
Structure Texas Statutes
Subtitle G - Licenses and Other Regulation
Chapter 142 - Home and Community Support Services
Subchapter A. Home and Community Support Services License
Section 142.0011. Scope, Purpose, and Implementation
Section 142.0012. Controlling Person
Section 142.002. License Required
Section 142.0025. Temporary License
Section 142.003. Exemptions From Licensing Requirement
Section 142.004. License Application
Section 142.005. Compliance Record in Other States
Section 142.006. License Issuance; Term
Section 142.0061. Possession of Sterile Water or Saline
Section 142.0062. Possession of Certain Vaccines or Tuberculin
Section 142.0063. Possession of Certain Dangerous Drugs
Section 142.0065. Display of License
Section 142.007. Notice of Drug Testing Policy
Section 142.008. Branch Office
Section 142.0085. Alternate Delivery Site License
Section 142.009. Surveys; Consumer Complaints
Section 142.0092. Consumer Complaint Data
Section 142.0093. Retaliation Prohibited
Section 142.0094. Use of Regulatory Survey Reports and Other Documents
Section 142.0104. Change in Application Information
Section 142.0105. License Renewal
Section 142.011. Denial, Suspension, or Revocation of License
Section 142.012. Powers and Duties
Section 142.014. Civil Penalty
Section 142.0145. Violation of Law Relating to Advance Directives
Section 142.017. Administrative Penalty
Section 142.0171. Notice; Request for Hearing
Section 142.0172. Hearing; Order
Section 142.0173. Notice and Payment of Administrative Penalty; Judicial Review; Refund
Section 142.0174. Use of Administrative Penalty
Section 142.0175. Expenses and Costs for Collection of Civil or Administrative Penalty
Section 142.018. Reports of Abuse, Exploitation, or Neglect
Section 142.019. Certain Physician Referrals Prohibited
Section 142.020. Disposal of Special or Medical Waste
Section 142.0201. Registration for Evacuation; Disaster Preparedness