By: Moncrief S.B. No. 65 2001S0010/1 A BILL TO BE ENTITLED AN ACT 1-1 relating to the regulation of certain automated systems used to 1-2 dispense prescription drugs. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter C, Chapter 562, Occupations Code, is 1-5 amended by adding Section 562.109 to read as follows: 1-6 Sec. 562.109. AUTOMATED PHARMACY SYSTEMS. (a) In this 1-7 section, "automated pharmacy system" means a system employing 1-8 electronic or mechanical devices, appropriate professional 1-9 personnel, and defined processes and procedures that permit the 1-10 safe dispensing of prescription drugs to consumers from physical 1-11 locations that are remote from that of a Class A or Class C 1-12 pharmacy. 1-13 (b) An automated pharmacy system is required to be under the 1-14 continuous supervision of a pharmacist as determined by board rule. 1-15 To meet the requirement for continuous supervision of an automated 1-16 pharmacy system, the pharmacist must use appropriate audio and 1-17 video telecommunications to perform, or directly supervise 1-18 authorized technical personnel in the performance of, those 1-19 functions constituting the practice of pharmacy, including the 1-20 initial interpretation of the prescription order, drug utilization 1-21 review, final verification of the finished prescription, and 1-22 patient consultation. In this subsection, "authorized technical 1-23 personnel" means an employee of the pharmacy who has earned the 1-24 designation of certified pharmacy technician (CPhT) from the 1-25 Pharmacy Technician Certification Board (PTCB). 2-1 (c) An automated pharmacy system may be located only at a 2-2 health care facility regulated by the state. 2-3 (d) The board shall adopt rules regarding the use of an 2-4 automated pharmacy system under this section, including: 2-5 (1) the types of health care facilities at which an 2-6 automated pharmacy system may be located, which shall include a 2-7 facility regulated under Chapter 142, 242, or 252, Health and 2-8 Safety Code; 2-9 (2) recordkeeping requirements; and 2-10 (3) security requirements. 2-11 SECTION 2. This Act takes effect immediately. 2-12 SECTION 3. Not later than February 28, 2002, the Texas State 2-13 Board of Pharmacy shall adopt the rules required by Section 2-14 562.109, Occupations Code, as added by this Act.