By:  Nelson                                             S.B. No. 98
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of certain automated systems used to
 1-3     dispense prescription 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 562.109 to read as follows:
 1-7           Sec. 562.109.  AUTOMATED PHARMACY SYSTEMS.  (a)  In this
 1-8     section, "automated pharmacy system" means a mechanical system
 1-9     that:
1-10                 (1)  dispenses prescription drugs; and
1-11                 (2)  maintains related transaction information.
1-12           (b)  A Class A or Class C pharmacy may provide pharmacy
1-13     services through an automated pharmacy system in a facility that is
1-14     not at the same location as the Class A or Class C pharmacy.  The
1-15     pharmacist in charge of the Class A or Class C pharmacy is
1-16     responsible for filling and loading the storage containers for
1-17     medication stored in bulk at the facility.
1-18           (c)  An automated pharmacy system is required to be under the
1-19     continuous supervision of a pharmacist as determined by board rule.
1-20     To qualify as continuous supervision for an automated pharmacy
1-21     system, the pharmacist is not required to be physically present at
1-22     the site of the automated pharmacy system and may supervise the
1-23     system electronically.
1-24           (d)  An automated pharmacy system may be located only at a
1-25     health care facility regulated by the state.
 2-1           (e)  The board shall adopt rules regarding the use of an
 2-2     automated pharmacy system under this section, including:
 2-3                 (1)  the types of health care facilities at which an
 2-4     automated pharmacy system may be located, which shall include a
 2-5     facility regulated under Chapter 142, 242, or 252, Health and
 2-6     Safety Code;
 2-7                 (2)  recordkeeping requirements; and
 2-8                 (3)  security requirements.
 2-9           SECTION 2.  (a)  The Texas Department of Health shall study
2-10     the costs and savings associated with the use of automated pharmacy
2-11     systems, as defined by Section 562.109, Occupations Code, as added
2-12     by this Act, including:
2-13                 (1)  reimbursement methodologies on a per unit basis
2-14     for the systems;
2-15                 (2)  use rates for the systems;
2-16                 (3)  the costs and benefits of drugs when using the
2-17     systems; and
2-18                 (4)  participation in the use of the systems by
2-19     providers.
2-20           (b)  Not later than January 1, 2003, the Texas Department of
2-21     Health shall report the results of the study to:
2-22                 (1)  the governor;
2-23                 (2)  the lieutenant governor;
2-24                 (3)  the speaker of the house of representatives;
2-25                 (4)  the chair of the Senate Committee on Health and
2-26     Human Services; and
 3-1                 (5)  the chair of the House Committee on Public Health.
 3-2           SECTION 3.  This Act takes effect immediately.
 3-3           SECTION 4.  Not later than February 28, 2002, the Texas State
 3-4     Board of Pharmacy shall adopt the rules required by Section
 3-5     562.109, Occupations Code, as added by this Act.