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.
1-25 (d) A telepharmacy system may be located only at a health
2-1 care facility in this state that is regulated by this state or the
2-2 United States.
2-3 (e) The board shall adopt rules regarding the use of a
2-4 telepharmacy system under this section, including:
2-5 (1) the types of health care facilities at which a
2-6 telepharmacy system may be located, which must include the
2-7 following facilities:
2-8 (A) a clinic designated as a rural health clinic
2-9 regulated under 42 U.S.C. Section 1395x(aa), as amended; and
2-10 (B) a health center as defined by 42 U.S.C.
2-11 Section 254b, as amended;
2-12 (2) the areas that qualify under Subsection (f);
2-13 (3) recordkeeping requirements; and
2-14 (4) 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 as determined by
2-17 board rule. If a Class A or Class C pharmacy is established in a
2-18 community in which a telepharmacy system has been located under
2-19 this section, the telepharmacy system may continue to operate in
2-20 that community.
2-21 SECTION 2. Section 57.042, Utilities Code, is amended by
2-22 adding Subdivision (12) to read as follows:
2-23 (12) "Telepharmacy system" means a system that
2-24 monitors the dispensing of prescription drugs and provides for
2-25 related drug use review and patient counseling services by an
2-26 electronic method, including the use of the following types of
3-1 technology:
3-2 (A) audio and video;
3-3 (B) still image capture; and
3-4 (C) store and forward.
3-5 SECTION 3. Subsection (a), Section 57.047, Utilities Code,
3-6 is amended to read as follows:
3-7 (a) The board may award a grant to a project or proposal
3-8 that:
3-9 (1) provides equipment and infrastructure necessary
3-10 for:
3-11 (A) distance learning;
3-12 (B) an information sharing program of a library;
3-13 [or]
3-14 (C) telemedicine services; or
3-15 (D) a telepharmacy system;
3-16 (2) develops and implements the initial or
3-17 prototypical delivery of a course or other distance learning
3-18 material;
3-19 (3) trains teachers, faculty, librarians, or
3-20 technicians in the use of distance learning or information sharing
3-21 materials and equipment;
3-22 (4) develops a curriculum or instructional material
3-23 specially suited for telecommunications delivery;
3-24 (5) provides electronic information; or
3-25 (6) establishes or carries out an information sharing
3-26 program.
4-1 SECTION 4. Subsection (a), Section 58.253, Utilities Code,
4-2 is amended to read as follows:
4-3 (a) On customer request, an electing company shall provide
4-4 private network services to:
4-5 (1) an educational institution;
4-6 (2) a library;
4-7 (3) a nonprofit telemedicine center;
4-8 (4) a public or not-for-profit hospital;
4-9 (5) a project funded by the telecommunications
4-10 infrastructure fund under Subchapter C, Chapter 57, except for a
4-11 telepharmacy system; or
4-12 (6) a legally constituted consortium or group of
4-13 entities listed in this subsection.
4-14 SECTION 5. (a) This Act takes effect September 1, 2001.
4-15 (b) Not later than February 28, 2002, the Texas State Board
4-16 of Pharmacy shall adopt the rules required by Section 562.110,
4-17 Occupations Code, as added by this Act. Pharmacy services may not
4-18 be provided through a telepharmacy system under Section 562.110,
4-19 Occupations Code, as added by this Act, until the Texas State Board
4-20 of Pharmacy adopts those rules.
S.B. No. 65
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 65 passed the Senate on
March 29, 2001, by the following vote: Yeas 30, Nays 0, one
present not voting; May 3, 2001, Senate refused to concur in House
amendments and requested appointment of Conference Committee;
May 4, 2001, House granted request of the Senate; May 26, 2001,
Senate adopted Conference Committee Report by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 65 passed the House, with
amendments, on April 26, 2001, by a non-record vote; May 4, 2001,
House granted request of the Senate for appointment of Conference
Committee; May 24, 2001, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor