By Maxey 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.