81R19520 NC-D
 
  By: Heflin H.B. No. 1924
 
  Substitute the following for H.B. No. 1924:
 
  By:  Coleman C.S.H.B. No. 1924
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the performance of pharmacy services in certain rural
  areas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 562, Occupations Code, is
  amended by adding Section 562.1011 to read as follows:
         Sec. 562.1011.  OPERATION OF CLASS C PHARMACY IN CERTAIN
  RURAL HOSPITALS. (a)  In this section:
               (1)  "Nurse" has the meaning assigned by Section
  301.002. The term includes a nurse who is also registered as a
  pharmacy technician.
               (2)  "Rural hospital" means a licensed hospital with
  100 beds or fewer that:
                     (A)  is located in a county with a population of
  50,000 or less; or
                     (B)  has been designated by the Centers for
  Medicare and Medicaid Services as a critical access hospital, rural
  referral center, or sole community hospital.
         (b)  If a practitioner orders a prescription drug or device
  for a patient in a rural hospital when the hospital pharmacist is
  not on duty or when the institutional pharmacy is closed, a nurse or
  practitioner may withdraw the drug or device from the pharmacy in
  sufficient quantity to fill the order.
         (c)  At the time the nurse or practitioner withdraws a drug
  or device from an institutional pharmacy under Subsection (b), the
  nurse or practitioner shall make a record of the withdrawal that
  contains:
               (1)  the name of the patient;
               (2)  the name of the device or drug;
               (3)  the dosage of the drug, strength of the drug, and
  dosage form;
               (4)  the quantity withdrawn;
               (5)  the time and date of the withdrawal; and
               (6)  the signature of the person making the withdrawal.
         (d)  The original medication order or a copy of the order may
  substitute for the record of withdrawal if the medication order
  contains all of the information required by Subsection (c).
         (e)  The hospital pharmacist shall verify the withdrawal of a
  drug or device under Subsection (b) and perform a drug regimen
  review not later than the seventh day after the date of the
  withdrawal.
         (f)  In a rural hospital that uses a floor stock method of
  drug distribution, a nurse or practitioner may withdraw a
  prescription drug or device from the institutional pharmacy in the
  original manufacturer's container or a prepackaged container.
         (g)  At the time a nurse or practitioner withdraws a drug or
  device from an institutional pharmacy under Subsection (f), the
  nurse or practitioner shall make a record of the withdrawal that
  contains:
               (1)  the name of the drug or device;
               (2)  the strength of the drug and dosage form;
               (3)  the quantity of the drug or device withdrawn;
               (4)  the location of the floor stock;
               (5)  the time and date of the withdrawal; and
               (6)  the signature of the person making the withdrawal.
         (h)  The hospital pharmacist shall verify the withdrawal of a
  drug or device under Subsection (f) and perform a drug regimen
  review not later than the seventh day after the date of the
  withdrawal.
         (i)  This section does not restrict or prohibit the board
  from adopting a rule governing the withdrawal of a drug or device by
  a nurse or practitioner from an institutional pharmacy not located
  in a rural hospital.
         (j)  This section expires January 1, 2012.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.