BILL ANALYSIS

Senate Research Center                                                                                                        S.B. 809

80R6559 YDB-D                                                                                                                By: Janek

Health & Human Services

3/26/2007

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Previous legislation has defined an "automated pharmacy system" as a mechanical system that disperses but does not deliver prescription drugs and medications. The purpose of this bill is to build and staff an "on-site" secure pharmacy on corporate campuses that will provide a convenient and cost-effective way of delivering prescriptions and over-the-counter products to employees, eliminating the inconvenience of having to leave a worksite in order to have a prescription filled.

As proposed, S.B. 809 authorizes an automated pharmacy system to be located in a secure location approved by the Texas Board of Pharmacy and requires the board to adopt rules as necessary regarding the use of an automated pharmacy system. This bill allows these systems to deliver both medication stored in bulk at the location and completed prescription drug orders to the patient. It also requires the pharmacist providing the services at the automated pharmacy system to be responsible for filling and loading the storage containers for both medications and completed prescription orders.

RULEMAKING AUTHORITY

Rulemaking authority previously granted to the Texas Board of Pharmacy is modified in SECTION 1 (Section 562.109, Occupations Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 562.109(a), (b), (d), and (e), Occupations Code, as follows:

(a)  Redefines "automated pharmacy system."

(b) Provides that the pharmacist in charge of the Class A or Class C pharmacy is responsible for filling and loading the storage containers for completed prescription drug orders.

(d)  Authorizes an automated pharmacy system to be located only in a secure location approved by the Texas Board of Pharmacy (board), in addition to a health care facility regulated by the state.

(e)  Requires the board to adopt rules regarding the use of an automated pharmacy system under this section, including the types of health care facilities or secure locations at which an automated pharmacy system may be located and patient counseling requirements. Deletes existing text requiring the board to adopt rules regarding the use of an automated pharmacy system under this section which including a facility regulated under Chapter 142, 242, or 252, Health and Safety Code

SECTION 2. Effective date: September 1, 2007.