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