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.