HBA-NRS H.B. 93 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 93 By: Maxey Public Health 2/7/2001 Introduced BACKGROUND AND PURPOSE Technological advances have made it possible for the development of automated pharmacy systems, which use computer technology to package and dispense prescription drugs and maintain related transaction information to reduce drug waste, human error, and drug-related costs. Current law does not provide for the use of such automated systems in a facility that is not in the same location as a Class A or Class C pharmacy. Under the Texas Administrative Code, the Texas State Board of Pharmacy regulates the use of automated pharmacy systems by licensed health care professionals or pharmacy technicians within the same location as the operating pharmacy. House Bill 93 authorizes the use of and regulates automated pharmacy systems in a facility that is not in the same location as a Class A or Class C pharmacy. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas State Board of Pharmacy in SECTION 1 (Section 562.109, Occupations Code) and SECTION 3 of this bill. ANALYSIS House Bill 93 amends the Occupations Code to authorize the use of and regulate automated pharmacy systems. The bill authorizes a Class A or Class C pharmacy to provide pharmacy services through an automated pharmacy system in a facility that is not at the same location as the Class A or Class C pharmacy. The bill authorizes an automated pharmacy system to be located only at a health care facility regulated by the state. The bill provides that an automated pharmacy system is required to be under the continuous supervision of a pharmacist as determined by rules adopted by the Texas State Board of Pharmacy (TSBP). The bill provides that to qualify as continuous supervision for an automated pharmacy system, a pharmacist is not required to be physically present at the site of the automated pharmacy system and authorizes the pharmacist to supervise the system electronically. The bill requires TSBP to adopt rules regarding the use of an automated pharmacy system not later than February 28, 2002. The rules are to include the types of health care facilities at which an automated pharmacy system may be located, record keeping requirements, and security requirements. EFFECTIVE DATE On passage.