By:  Capelo                                                       H.B. No. 2996


A BILL TO BE ENTITLED
AN ACT
relating to mobile pharmacies. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 562, Occupations Code, is amended to read as follows:
CHAPTER 562. PRACTICE BY LICENSE HOLDER
SUBCHAPTER B. OTHER PRACTICE BY PHARMACIST
Sec. 562.053. Reports to Board A pharmacist shall report in writing to the board not later than the 10th day after the date of a change of address or place of employment.
SUBCHAPTER C. PRACTICE BY PHARMACY
Sec. 562.103. Display of Licenses by Pharmacy (a) A pharmacy shall display in the pharmacy in full public view the license under which the pharmacy operates and, in the case of a mobile pharmacy licensed under this chapter, said license shall be visible from the exterior of the mobile pharmacy. (b) A Class A or Class C pharmacy that serves the public shall: (1) display the word "pharmacy" or a similar word or symbol as determined by the board in a prominent place on the front of the pharmacy; and (2) display in public view the license of each pharmacist employed in the pharmacy. Sec. 562.106. Notification (a) A pharmacy shall report in writing to the board not later than the 10th day after the date of: (1) a permanent closing of the pharmacy; (2) a change of ownership of the pharmacy; (3) a change of location of the pharmacy, except for a mobile pharmacy licensed under this chapter; (4) a change of the person designated as the pharmacist-in-charge of the pharmacy; (5) a sale or transfer of any controlled substance or dangerous drug as a result of the permanent closing or change of ownership of the pharmacy; (6) any matter or occurrence that the board requires by rule to be reported; (7) as determined by the board, an out-of-state purchase of any controlled substance; (8) a final order against the pharmacy license holder by the regulatory or licensing agency of the state in which the pharmacy is located if the pharmacy is a Class E pharmacy; or (9) a final order against a pharmacist who is designated as the pharmacist-in-charge of the pharmacy by the regulatory or licensing agency of the state in which the pharmacy is located if the pharmacy is a Class E pharmacy. (b) A pharmacy shall report in writing to the board a theft or significant loss of any controlled substance immediately on discovery of the theft or loss. The pharmacy shall include with the report a list of all controlled substances stolen or lost. (c) A pharmacy shall report in writing to the board a disaster, accident, or emergency that may affect the strength, purity, or labeling of a drug, medication, device, or other material used in the diagnosis or treatment of injury, illness, or disease, immediately on the occurrence of the disaster, accident, or emergency. (d) The reporting pharmacy shall maintain a copy of any notification required by this section or Section 562.053 for two years and make the copy available for inspection. SECTION 2. Chapter 562, Occupations Code, is amended by adding section 562.111 to read as follows: Sec 562.111. Mobile Pharmacy Systems (a) In this section, "mobile pharmacy system" means a system that monitors the dispensing of prescription drugs and provides for related drug use review and patient counseling services by an electronic method, including the use of the following types of technology: (1) audio and video; (2) still image capture; and (3) store and forward. (b) A Class A or Class C pharmacy licensed in this state may provide pharmacy services, including the dispensing of drugs, through a mobile pharmacy system in a motor vehicle that is not at the same location as the Class A or Class C pharmacy. (c) A mobile pharmacy system is required to be under the continuous supervision of a pharmacist as determined by board rule. To qualify as continuous supervision for a mobile pharmacy system, the pharmacist is not required to be physically present at the site of the mobile pharmacy system. The pharmacist shall supervise the system electronically by audio and video communication. (d) The board shall adopt rules regarding the use of a mobile pharmacy system under this section, including: (1) the types of motor vehicles in which a mobile pharmacy system may be located; (2) the areas that qualify under Subsection (e); (3) recordkeeping requirements; and (4) security requirements. (e) A mobile pharmacy system may not be located in a community in which a Class A or Class C pharmacy is located as determined by board rule. If a Class A or Class C pharmacy is established in a community in which a mobile pharmacy system has been operating under this section, the mobile pharmacy system may continue to operate in that community. SECTION 3. (a) This Act takes effect September 1, 2003. (b) Not later than February 28, 2004, the Texas State Board of Pharmacy shall adopt the rules required by Section 562.111, Occupations Code, as added by this Act. Pharmacy services may not be provided through a mobile pharmacy system under Section 562.111, Occupations Code, as added by this Act, until the Texas State Board of Pharmacy adopts those rules.