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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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hospitals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 562.101(d), Occupations Code, is amended |
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to read as follows: |
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(d) A Class C pharmacy that is in an institution with 100 |
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beds or fewer is required to have the services of a pharmacist on a |
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part-time or consulting basis according to the needs of the |
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institution, except as provided by Section 562.1011. |
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SECTION 2. 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. SUPERVISION OF CLASS C PHARMACY IN CERTAIN |
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RURAL HOSPITALS. (a) In this section, "rural hospital" means a |
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licensed hospital with 100 beds or fewer that: |
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(1) is located in a county with a population of 50,000 |
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or less; or |
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(2) has been designated by the Centers for Medicare |
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and Medicaid Services as a critical access hospital, rural referral |
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center, or sole community hospital. |
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(b) The board shall adopt rules to certify a pharmacy |
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technician who applies under this section. The board shall require |
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a pharmacy technician to pass an examination approved by the board |
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to qualify for the certification. |
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(c) The board by rule shall establish training standards for |
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certified pharmacy technicians for the use of an automated |
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medication supply system. A certified pharmacy technician must |
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have proper training on the use of the system and demonstrate |
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comprehensive knowledge of the written policies and procedures for |
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operating the system before having access to the system. |
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(d) At the request of a rural hospital, the board shall |
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authorize the hospital to allow a pharmacy technician who is |
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certified under this section and employed by the hospital to |
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perform the duties described by Subsection (e) if the hospital: |
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(1) has entered into a contract with a pharmacist to be |
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present at the hospital at least once a week; and |
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(2) can communicate at all times with a pharmacist to |
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clarify a medication order, drug interaction, drug allergy, or |
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dosing instruction. |
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(e) A certified pharmacy technician employed by an |
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authorized rural hospital may enter a medication order in a patient |
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profile or pharmacy system subject to documented verification by a |
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licensed nurse or remote order review by a pharmacist. The pharmacy |
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technician may, without electronic or direct supervision by a |
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pharmacist, but subject to documented verification by a licensed |
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nurse: |
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(1) fill a medication cart used in the hospital; |
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(2) replace medication to a manual floor stock system; |
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(3) prepare, package, or label a prescription drug |
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under a medication order; |
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(4) distribute a routine order for stock supplies to a |
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patient care area; and |
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(5) access an automated medication supply system. |
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SECTION 3. The Texas State Board of Pharmacy shall adopt the |
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rules required by Section 562.1011, Occupations Code, as added by |
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this Act, not later than December 1, 2009. |
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SECTION 4. 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. |