SRC-CTC S.B. 65 77(R)BILL ANALYSIS


Senate Research CenterS.B. 65
By: Moncrief
Health & Human Services
6/18/2001
Enrolled


DIGEST AND PURPOSE 

Access to pharmacist care is essential to healthcare delivery in Texas.
Advances in technology and automation in the dispensing of pharmaceuticals
allow for an increase in such access.  S.B. 65 allows Class A or Class C
pharmacies to provide regulated telepharmacy services in remote communities
not currently served by those classes of pharmacies. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas State Board of
Pharmacy in SECTION 1 (Section 562.110, Occupations Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 562C, Occupations Code, by adding Section
562.110, as follows: 

Sec. 562.110. TELEPHARMACY SYSTEMS.  (a) Defines "telepharmacy system."  

(b) Authorizes a Class A or Class C pharmacy located in this state to
provide pharmacy services, including the dispensing of drugs, through a
telepharmacy system in a facility that is not at the same location as the
Class A or Class C pharmacy.   

(c) Provides that a telepharmacy system is required to be under the
continuous supervision of a pharmacist as determined by rule of the Texas
State Board of Pharmacy (board).  Provides that the pharmacist is not
required to be physically present at the site of the telepharmacy system to
qualify as continuous supervision. Requires the pharmacist to supervise the
system electronically by audio and video communication.   

(d) Authorizes a telepharmacy system to be located only at a health care
facility in this state that is regulated by this state or the United
States.   

(e) Requires the board to adopt rules regarding the use of a telepharmacy
system under this section, including certain rules.   

(f) Prohibits a telepharmacy system from being located in a community in
which a Class A or Class C pharmacy is located, as determined by board
rule.  Authorizes the telepharmacy system to continue to operate in the
community if a Class A or Class C pharmacy is established in a community in
which a telepharmacy system has been located under this section. 

SECTION 2.  Amends Section 57.042, Utilities Code, to define "telepharmacy
system." 

SECTION 3.  Amends Section 57.047(a), Utilities Code, to authorize the
telecommunications infrastructure fund board to award a grant to a project
or proposal that provides equipment and  infrastructure necessary for a
telepharmacy system. 

SECTION 4.  Amends Section 58.253(a), Utilities Code, to require an
electing company, on customer request, to provide network services to a
project funded by the telecommunications infrastructure fund under Chapter
57C, except for a telepharmacy system. 

SECTION 5.  (a) Effective date: September 1, 2001.

(b) Requires the Texas State Board of Pharmacy (board) to adopt rules
consistent with this Act by February 28, 2002.  Prohibits pharmacy services
from being provided through a telepharmacy system under Section 562.109,
Occupations Code, as added by this Act, until the board adopts those rules.