SRC-MKV S.B. 98 77(R)BILL ANALYSIS


Senate Research CenterS.B. 98
By: Nelson
Health and Human Services
6/18/2001
Enrolled


DIGEST AND PURPOSE 

Health care facilities, especially long-term care facilities such as
nursing homes, have problems with drug waste due to changes in doctors'
orders, patient deaths, transfers, and human error in the administration of
medications.  Automated drug dispensing systems use computer technology to
package and label single doses of drugs.  Such devices can help to
eliminate drug waste problems. S.B. 98 defines "automated drug dispensing
systems" and authorizes the Board of Pharmacy to develop rules of
implementation and use. 

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: 

Section 562.109.  AUTOMATED PHARMACY SYSTEMS.  (a) Defines "automated
pharmacy system." 
 
(b) Authorizes a Class A or Class C pharmacy to provide pharmacy services
through an automated pharmacy system in a facility that is not in the same
location as the Class A or Class C pharmacy.  Provides that the pharmacist
in charge of the Class A or Class C pharmacy is responsible for filling and
loading the storage containers for medication stored in bulk at the
facility. 

(c) Requires that an automated pharmacy system be under continuous
supervision of a pharmacist as determined by board rule.  Authorizes
continuous supervision to be done electronically without requiring the
pharmacist to be physically present at the site. 

(d) Authorizes an automated pharmacy system to be located at a health care
facility regulated by the state. 

(e) Requires the Texas State Board of Pharmacy to adopt rules regarding the
use of an automated pharmacy system including the types of health care
facilities at which one may be located, the record-keeping requirements,
and the security requirements. 

SECTION 2.  (a) Requires the Texas Department of Health to study the costs
and savings associated with the use of automated pharmacy systems, as
defined by Section 562.109, Occupations Code, as added by this Act,
including certain factors. 

(b) Requires the Texas Department of Health, not later than January 1,
2003, to report the results of the study to certain individuals.  

 SECTION 3.  Effective date: upon passage.

SECTION 4.  Requires the board to adopt the rules required by Section
562.109, Occupations Code, as added by this Act, by February 28, 2002.