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.