1-1 By: Moncrief S.B. No. 65 1-2 (In the Senate - Filed November 13, 2000, January 10, 2001, 1-3 read first time and referred to Committee on Health and Human 1-4 Services; March 19, 2001, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 9, Nays 0; 1-6 March 19, 2001, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 65 By: Moncrief 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the regulation of telepharmacy as a method to dispense 1-11 drugs. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter C, Chapter 562, Occupations Code, is 1-14 amended by adding Section 562.109 to read as follows: 1-15 Sec. 562.109. TELEPHARMACY SYSTEMS. (a) In this section, 1-16 "telepharmacy system" means a system that dispenses prescription 1-17 drugs by a mechanical or electronic method, including the use of 1-18 the following types of technology: 1-19 (1) audio and video; 1-20 (2) still image capture; and 1-21 (3) store and forward. 1-22 (b) A telepharmacy system shall provide for related drug use 1-23 review and patient counseling services. 1-24 (c) A Class A or Class C pharmacy located in this state may 1-25 provide pharmacy services through a telepharmacy system in a 1-26 facility that is not at the same location as the Class A or Class C 1-27 pharmacy. 1-28 (d) A telepharmacy system is required to be under the 1-29 continuous supervision of a pharmacist as determined by board rule. 1-30 To qualify as continuous supervision for a telepharmacy system, the 1-31 pharmacist is not required to be physically present at the site of 1-32 the telepharmacy system. The pharmacist shall supervise the system 1-33 electronically by audio and video communication. 1-34 (e) A telepharmacy system may be located only at a health 1-35 care facility in this state that is regulated by this state or the 1-36 United States. 1-37 (f) The board shall adopt rules regarding the use of a 1-38 telepharmacy system under this section, including: 1-39 (1) the types of health care facilities at which a 1-40 telepharmacy system may be located, which must include the 1-41 following facilities: 1-42 (A) a clinic designated as a rural health clinic 1-43 regulated under 42 U.S.C. Section 1395x(aa), as amended; and 1-44 (B) a health center as defined by 42 U.S.C. 1-45 Section 254b, as amended; 1-46 (2) the areas that qualify under Subsection (g); 1-47 (3) recordkeeping requirements; and 1-48 (4) security requirements. 1-49 (g) A telepharmacy system may not be located in a community 1-50 in which a Class A or Class C pharmacy is located as determined by 1-51 board rule. If a Class A or Class C pharmacy is established in a 1-52 community in which a telepharmacy system has been located under 1-53 this section, the telepharmacy system may continue to operate in 1-54 that community. 1-55 SECTION 2. (a) This Act takes effect September 1, 2001. 1-56 (b) Not later than February 28, 2002, the Texas State Board 1-57 of Pharmacy shall adopt the rules required by Section 562.109, 1-58 Occupations Code, as added by this Act. Pharmacy services may not 1-59 be provided through a telepharmacy system under Section 562.109, 1-60 Occupations Code, as added by this Act, until the Texas State Board 1-61 of Pharmacy adopts those rules. 1-62 * * * * *