By Maxey, Wohlgemuth                                    H.B. No. 93
         77R645 MXM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of certain automated systems used to
 1-3     dispense prescription drugs.
 1-5           SECTION 1. Subchapter C, Chapter 562, Occupations Code, is
 1-6     amended by adding Section 562.109 to read as follows:
 1-7           Sec. 562.109.  AUTOMATED PHARMACY SYSTEMS. (a)  In this
 1-8     section, "automated pharmacy system" means a mechanical system
 1-9     that:
1-10                 (1)  dispenses prescription drugs; and
1-11                 (2)  maintains related transaction information.
1-12           (b)  A Class A or Class C pharmacy may provide pharmacy
1-13     services through an automated pharmacy system in a facility that is
1-14     not at the same location as the Class A or Class C pharmacy.
1-15           (c)  An automated pharmacy system is required to be under the
1-16     continuous supervision of a pharmacist as determined by board rule.
1-17     To qualify as continuous supervision for an automated pharmacy
1-18     system, the pharmacist is not required to be physically present at
1-19     the site of the automated pharmacy system and may supervise the
1-20     system electronically.
1-21           (d)  An automated pharmacy system may be located only at a
1-22     health care facility regulated by the state.
1-23           (e)  The board shall adopt rules regarding the use of an
1-24     automated pharmacy system under this section, including:
 2-1                 (1)  the types of health care facilities at which an
 2-2     automated pharmacy system may be located, which shall include a
 2-3     facility regulated under Chapter 142, 242, or 252, Health and
 2-4     Safety Code;
 2-5                 (2)  recordkeeping requirements; and
 2-6                 (3)  security requirements.
 2-7           SECTION 2. This Act takes effect immediately.
 2-8           SECTION 3. Not later than February 28, 2002, the Texas State
 2-9     Board of Pharmacy shall adopt the rules required by Section
2-10     562.109, Occupations Code, as added by this Act.