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.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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.