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


Senate Research CenterC.S.S.B. 65
By: Moncrief
Health & Human Services
3/16/2001
Committee Report (Substituted)


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.  C.S.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 562.109, Occupations Code) of this bill. 

SECTION BY SECTION ANALYSIS

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

Sec. 562.109. TELEPHARMACY SYSTEMS.  (a) Defines "telepharmacy system."  

(b) Requires a telepharmacy system to provide for related drug use review
and patient counseling services.   

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

(d) 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.   

(e) 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.   

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

(g) 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.  (a) Effective date: September 1,2001.
 
(b) Requires the 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. 

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Amends As Filed S.B. 65 by adding Section 562.109, relating to
telepharmacy systems, to Chapter 562C, Occupations Code, rather than adding
Section 562.109 to that code relating, to automated pharmacy systems.
Authorizes a telepharmacy system to be operated and electronically
supervised at a remote location by a Class A or C pharmacy in a community
where there currently is not a Class A or C pharmacy.  Requires the
telepharmacy system to provide for drug use review and patient counseling
services.  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. 

SECTION 2.  Amends As Filed S.B. 65 by incorporating SECTION 3 in SECTION 2
and prohibiting pharmacy services from being provided through a
telepharmacy system under Section 562.109, Occupations Code, as added by
this Act, until the State Board of Pharmacy adopts rules required under
that section.  Changes the effective date from upon passage to September 1,
2001.