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


Senate Research Center   S.B. 98
77R645 MXM-DBy: Nelson
Health and Human Services
2/12/2001
As Filed


DIGEST AND PURPOSE 

Currently, 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 what
automated drug dispensing systems are 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. 

(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.  Effective date: upon passage.

SECTION 3.  Requires the board to adopt the rules required by Section
562.109, Occupations Code, as added by this Act, by February 28, 2002.