77R11342 MXM-D By Turner of Coleman, Chavez, Hupp, Maxey, H.B. No. 611 Hawley, et al. Substitute the following for H.B. No. 611: By Maxey C.S.H.B. No. 611 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of telepharmacy as a method to dispense 1-3 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 562.110 to read as follows: 1-7 Sec. 562.110. TELEPHARMACY SYSTEMS. (a) In this section, 1-8 "telepharmacy system" means a system that monitors the dispensing 1-9 of prescription drugs and provides for related drug use review and 1-10 patient counseling services by an electronic method, including the 1-11 use of the following types of technology: 1-12 (1) audio and video; 1-13 (2) still image capture; and 1-14 (3) store and forward. 1-15 (b) A Class A or Class C pharmacy located in this state may 1-16 provide pharmacy services, including the dispensing of drugs, 1-17 through a telepharmacy system in a facility that is not at the same 1-18 location as the Class A or Class C pharmacy. 1-19 (c) A telepharmacy system is required to be under the 1-20 continuous supervision of a pharmacist as determined by board rule. 1-21 To qualify as continuous supervision for a telepharmacy system, the 1-22 pharmacist is not required to be physically present at the site of 1-23 the telepharmacy system. The pharmacist shall supervise the system 1-24 electronically by audio and video communication. 2-1 (d) A telepharmacy system may be located only at a health 2-2 care facility in this state that is regulated by this state or the 2-3 United States. 2-4 (e) The board shall adopt rules regarding the use of a 2-5 telepharmacy system under this section, including: 2-6 (1) the types of health care facilities at which a 2-7 telepharmacy system may be located, which must include the 2-8 following facilities: 2-9 (A) a clinic designated as a rural health clinic 2-10 regulated under 42 U.S.C. Section 1395x(aa), as amended; and 2-11 (B) a health center as defined by 42 U.S.C. 2-12 Section 254b, as amended; 2-13 (2) recordkeeping requirements; and 2-14 (3) security requirements. 2-15 (f) A telepharmacy system may not be located in a community 2-16 in which a Class A or Class C pharmacy is located. If a Class A or 2-17 Class C pharmacy is established in a community in which a 2-18 telepharmacy system has located under this section, the 2-19 telepharmacy system may continue to operate in that community. 2-20 SECTION 2. (a) This Act takes effect September 1, 2001. 2-21 (b) Not later than February 28, 2002, the Texas State Board 2-22 of Pharmacy shall adopt the rules required by Section 562.110, 2-23 Occupations Code, as added by this Act. Pharmacy services may not 2-24 be provided through a telepharmacy system under Section 562.110, 2-25 Occupations Code, as added by this Act, until the board adopts 2-26 those rules.