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.
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