IML S.B. 1774 75(R) BILL ANALYSIS PUBLIC HEALTH S.B. 1774 By: Lucio (Berlanga) 5-20-97 Committee Report (Amended) BACKGROUND Texas law does not provide for a special pharmacy license regulating pharmacy services in long-term care facilities or permitting a pharmacy to possess dangerous drugs at any location other than the address on the pharmacy license. Instead, the Health and Safety Code entitles nursing homes and related institutions to maintain an emergency medication kit for a resident's emergency medication needs. By creating a Class L pharmacy license, long-term care facilities will be able to dispense prescription drugs or devices to patients who are residents. The creation of a Class S pharmacy license, or long-term care pharmacy license, will allow the license holder to maintain a supply of dangerous drugs and controlled substances at a long-term care facility. In addition, legislation is needed to delete existing provisions regarding maintenance of an emergency medication kit, and to set forth the terms by which Class L and Class S pharmacies are required to be under continuous supervision. PURPOSE S.B. 1774 creates a long-term care pharmacy and long-term care satellite pharmacy license. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 242.161, Health and Safety Code, to provide that a pharmacy is entitled to maintain a supply of controlled substances and dangerous drugs for a resident's immediate therapeutic needs, provided the supply of drugs is maintained in compliance with the Texas Pharmacy Act. Requires the administration of the controlled substances and dangerous drugs authorized in this section to comply with all applicable laws. Deletes existing text regarding an emergency medication kit. SECTION 2. Amends Section 5, Article 4542a-1, V.T.C.S. (Texas Pharmacy Act), to redefine "Administrative Procedure Act," and "Class C pharmacy license." Defines "Class L pharmacy license" and "Class S pharmacy license." Makes conforming changes. SECTION 3. Amends Sections 29(b) and (c), Article 4542a-1, V.T.C.S., to require each pharmacy to apply for a license in one or more of certain classifications, including a Class L or Class S license. Adds requirements that a Class L pharmacy be under the continuous on-site supervision of a pharmacist during the time it is open for pharmacy services; and that a Class S pharmacy be under the continuous supervision of a pharmacist whose services shall be required according to the needs of the pharmacy. SECTION 4. Effective date: September 1, 1997. SECTION 5. Emergency clause. EXPLANATION OF AMENDMENTS The committee amendment adds language to the new definition in Subdivision 11 of Sec. 5, Texas Pharmacy Act, (Article 4542a-1, V.T.C.S.) concerning a "class S pharmacy license" or long-term care satellite pharmacy license" regarding emergency medication kits, and to require the board to adopt rules about their contents.