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. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 98 passed the Senate on April 4, 2001, by the following vote: Yeas 29, Nays 0, one present, not voting. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 98 passed the House on April 27, 2001, by the following vote: Yeas 143, Nays 0, two present, not voting. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor