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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of telepharmacy services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 562.110, Occupations Code, is amended by |
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amending Subsection (e) and adding Subsection (e-1) to read as |
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follows: |
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(e) The board shall adopt rules regarding the use of a |
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telepharmacy system under this section, including: |
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(1) [the types of health care facilities at which a |
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telepharmacy system may be located under Subsection (d)(1), which |
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must include the following facilities: |
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[(A) a clinic designated as a rural health clinic |
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regulated under 42 U.S.C. Section 1395x(aa); |
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[(B) a health center as defined by 42 U.S.C. |
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Section 254b; and |
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[(C) a federally qualified health center as |
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defined by 42 U.S.C. Section 1396d(l)(2)(B); |
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[(2) the locations eligible to be licensed as remote |
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dispensing sites, which must include locations in medically |
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underserved areas, areas with a medically underserved population, |
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and health professional shortage areas determined by the United |
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States Department of Health and Human Services; |
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[(3)] licensing and operating requirements for remote |
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dispensing sites, including: |
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(A) a requirement that a remote dispensing site |
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license identify the provider pharmacy that will provide pharmacy |
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services at the remote dispensing site; |
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(B) a requirement that a provider pharmacy be |
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allowed to provide pharmacy services at not more than two remote |
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dispensing sites; |
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(C) [a requirement that a pharmacist employed by |
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a provider pharmacy make at least monthly on-site visits to a remote |
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dispensing site or more frequent visits if specified by board rule; |
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[(D)] a requirement that each month the perpetual |
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inventory of controlled substances at the remote dispensing site be |
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reconciled to the on-hand count of those controlled substances at |
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the site by a pharmacist employed by the provider pharmacy; |
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(D) [(E)] a requirement that a pharmacist |
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employed by a provider pharmacy be physically present at a remote |
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dispensing site when the pharmacist is providing services requiring |
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the physical presence of the pharmacist, including immunizations; |
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(E) [(F)] a requirement that a remote dispensing |
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site be staffed by an on-site pharmacy technician who is under the |
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continuous supervision of a pharmacist employed by the provider |
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pharmacy; |
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(F) [(G)] a requirement that all pharmacy |
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technicians at a remote dispensing site be counted for the purpose |
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of establishing the pharmacist-pharmacy technician ratio of the |
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provider pharmacy, which, notwithstanding Section 568.006, may not |
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exceed three pharmacy technicians for each pharmacist providing |
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supervision; |
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(G) [(H)] a requirement that, before working at a |
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remote dispensing site, a pharmacy technician must: |
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(i) have worked at least one year at a |
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retail pharmacy during the three years preceding the date the |
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pharmacy technician begins working at the remote dispensing site; |
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and |
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(ii) have completed a board-approved |
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training program on the proper use of a telepharmacy system; |
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(H) [(I)] a requirement that pharmacy |
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technicians at a remote dispensing site may not perform |
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extemporaneous sterile or nonsterile compounding but may prepare |
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commercially available medications for dispensing, including the |
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reconstitution of orally administered powder antibiotics; and |
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(I) [(J)] any additional training or practice |
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experience requirements for pharmacy technicians at a remote |
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dispensing site; |
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(2) [(4) the areas that qualify under Subsection (f); |
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[(5)] recordkeeping requirements; and |
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(3) [(6)] security requirements. |
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(e-1) The board may not adopt any rule, policy, or other |
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directive imposing any mileage restriction related to the location |
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of a telepharmacy system or remote dispensing site. |
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SECTION 2. The following provisions of the Occupations Code |
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are repealed: |
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(1) Sections 562.110(f), (f-1), (i), and (j); |
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(2) Sections 562.110(g) and (h), as added by Chapter |
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485 (H.B. 2561), Acts of the 85th Legislature, Regular Session, |
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2017; and |
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(3) Sections 562.110(g) and (h), as added by Chapter |
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929 (S.B. 1633), Acts of the 85th Legislature, Regular Session, |
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2017. |
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SECTION 3. This Act takes effect September 1, 2025. |