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.