1-1     By:  Nelson                                             S.B. No. 98
 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 favorably by the following vote:
 1-5     Yeas 8, Nays 0, 1 present, not voting; March 19, 2001, sent to
 1-6     printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to the regulation of certain automated systems used to
1-10     dispense prescription drugs.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subchapter C, Chapter 562, Occupations Code, is
1-13     amended by adding Section 562.109 to read as follows:
1-14           Sec. 562.109.  AUTOMATED PHARMACY SYSTEMS.  (a)  In this
1-15     section, "automated pharmacy system" means a mechanical system
1-16     that:
1-17                 (1)  dispenses prescription drugs; and
1-18                 (2)  maintains related transaction information.
1-19           (b)  A Class A or Class C pharmacy may provide pharmacy
1-20     services through an automated pharmacy system in a facility that is
1-21     not at the same location as the Class A or Class C pharmacy.
1-22           (c)  An automated pharmacy system is required to be under the
1-23     continuous supervision of a pharmacist as determined by board rule.
1-24     To qualify as continuous supervision for an automated pharmacy
1-25     system, the pharmacist is not required to be physically present at
1-26     the site of the automated pharmacy system and may supervise the
1-27     system electronically.
1-28           (d)  An automated pharmacy system may be located only at a
1-29     health care facility regulated by the state.
1-30           (e)  The board shall adopt rules regarding the use of an
1-31     automated pharmacy system under this section, including:
1-32                 (1)  the types of health care facilities at which an
1-33     automated pharmacy system may be located, which shall include a
1-34     facility regulated under Chapter 142, 242, or 252, Health and
1-35     Safety Code;
1-36                 (2)  recordkeeping requirements; and
1-37                 (3)  security requirements.
1-38           SECTION 2.  This Act takes effect immediately.
1-39           SECTION 3.  Not later than February 28, 2002, the Texas State
1-40     Board of Pharmacy shall adopt the rules required by Section
1-41     562.109, Occupations Code, as added by this Act.
1-42                                  * * * * *