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A BILL TO BE ENTITLED
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AN ACT
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relating to the performance of pharmacy services in certain rural |
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areas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 562, Occupations Code, is |
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amended by adding Section 562.1011 to read as follows: |
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Sec. 562.1011. OPERATION OF CLASS C PHARMACY IN CERTAIN |
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RURAL HOSPITALS. (a) In this section: |
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(1) "Nurse" has the meaning assigned by Section |
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301.002. The term includes a nurse who is also registered as a |
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pharmacy technician. |
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(2) "Rural hospital" means a licensed hospital with |
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100 beds or fewer that: |
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(A) is located in a county with a population of |
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50,000 or less; or |
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(B) has been designated by the Centers for |
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Medicare and Medicaid Services as a critical access hospital, rural |
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referral center, or sole community hospital. |
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(b) If a practitioner orders a prescription drug or device |
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for a patient in a rural hospital when the hospital pharmacist is |
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not on duty or when the institutional pharmacy is closed, a nurse or |
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practitioner may withdraw the drug or device from the pharmacy in |
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sufficient quantity to fill the order. |
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(c) At the time the nurse or practitioner withdraws a drug |
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or device from an institutional pharmacy under Subsection (b), the |
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nurse or practitioner shall make a record of the withdrawal that |
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contains: |
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(1) the name of the patient; |
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(2) the name of the device or drug; |
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(3) the dosage of the drug, strength of the drug, and |
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dosage form; |
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(4) the quantity withdrawn; |
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(5) the time and date of the withdrawal; and |
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(6) the signature of the person making the withdrawal. |
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(d) The original medication order or a copy of the order may |
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substitute for the record of withdrawal if the medication order |
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contains all of the information required by Subsection (c). |
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(e) The hospital pharmacist shall verify the withdrawal of a |
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drug or device under Subsection (b) and perform a drug regimen |
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review not later than the seventh day after the date of the |
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withdrawal. |
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(f) In a rural hospital that uses a floor stock method of |
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drug distribution, a nurse or practitioner may withdraw a |
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prescription drug or device from the institutional pharmacy in the |
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original manufacturer's container or a prepackaged container. |
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(g) At the time a nurse or practitioner withdraws a drug or |
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device from an institutional pharmacy under Subsection (f), the |
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nurse or practitioner shall make a record of the withdrawal that |
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contains: |
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(1) the name of the drug or device; |
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(2) the strength of the drug and dosage form; |
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(3) the quantity of the drug or device withdrawn; |
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(4) the location of the floor stock; |
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(5) the time and date of the withdrawal; and |
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(6) the signature of the person making the withdrawal. |
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(h) The hospital pharmacist shall verify the withdrawal of a |
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drug or device under Subsection (f) and perform a drug regimen |
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review not later than the seventh day after the date of the |
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withdrawal. |
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(i) This section does not restrict or prohibit the board |
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from adopting a rule governing the withdrawal of a drug or device by |
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a nurse or practitioner from an institutional pharmacy not located |
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in a rural hospital. |
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(j) This section expires January 1, 2012. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |