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 * * * * *