Bill Text: TX SB1633 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the supervision of pharmacist-interns, pharmacy technicians, and pharmacy technician trainees by a pharmacist and the provision of pharmacy services through a telepharmacy system; establishing a remote dispensing site license.
Spectrum: Strong Partisan Bill (Republican 10-1)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [SB1633 Detail]
Download: Texas-2017-SB1633-Introduced.html
Bill Title: Relating to the supervision of pharmacist-interns, pharmacy technicians, and pharmacy technician trainees by a pharmacist and the provision of pharmacy services through a telepharmacy system; establishing a remote dispensing site license.
Spectrum: Strong Partisan Bill (Republican 10-1)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [SB1633 Detail]
Download: Texas-2017-SB1633-Introduced.html
By: Perry | S.B. No. 1633 | |
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relating to the provision of pharmacy services through a | ||
telepharmacy system; establishing a remote dispensing site | ||
license. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 562.110, Occupations Code, is amended by | ||
amending Subsections (a), (b), (d), and (e) and adding Subsection | ||
(g) to read as follows: | ||
(a) In this section: | ||
(1) "Provider pharmacy" means a Class A or Class C | ||
pharmacy that provides pharmacy services through a telepharmacy | ||
system at a remote dispensing site. | ||
(2) "Remote dispensing site" means a location licensed | ||
as a telepharmacy that is authorized by a provider pharmacy through | ||
a telepharmacy system to store and dispense prescription drugs and | ||
devices, including dangerous drugs and controlled substances. | ||
(3) "Telepharmacy [ |
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system that monitors the dispensing of prescription drugs and | ||
provides for related drug use review and patient counseling | ||
services by an electronic method, including the use of the | ||
following types of technology: | ||
(A) [ |
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(B) [ |
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(C) [ |
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(b) A Class A or Class C pharmacy located in this state may | ||
provide pharmacy services, including the dispensing of drugs, | ||
through a telepharmacy system at locations separate from [ |
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pharmacy. | ||
(d) A telepharmacy system may be located only at: | ||
(1) a health care facility in this state that is | ||
regulated by this state or the United States; or | ||
(2) a remote dispensing site. | ||
(e) The board shall adopt rules regarding the use of a | ||
telepharmacy system under this section, including: | ||
(1) the types of health care facilities at which a | ||
telepharmacy system may be located under Subsection (d)(1), which | ||
must include the following facilities: | ||
(A) a clinic designated as a rural health clinic | ||
regulated under 42 U.S.C. Section 1395x(aa)[ |
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(B) a health center as defined by 42 U.S.C. | ||
Section 254b[ |
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(2) the locations eligible to be licensed as remote | ||
dispensing sites, which must include locations in medically | ||
underserved areas, areas with a medically underserved population, | ||
and health professional shortage areas determined by the United | ||
States Department of Health and Human Services, and; | ||
(a) A provider pharmacy may not provide remote | ||
pharmacy services if a Class A (Community) or Class C | ||
(Institutional) pharmacy that dispenses prescription drug orders | ||
to out-patients is located in the same community. For the purposes | ||
of this subsection a community is defined as: | ||
(1) The census tract in which the remote | ||
site | ||
is located, if the remote site is located in a Metropolitan | ||
Statistical Area (MSA) as defined by the United States Census | ||
Bureau in the most recent U.S. Census; or | ||
(2) within 10 miles of the remote site, if | ||
the remote site is not located in a MSA. | ||
(3) licensing and operating requirements for remote | ||
dispensing sites, including: | ||
(A) a requirement that a remote dispensing site | ||
license identify the provider pharmacy that will provide pharmacy | ||
services at the remote dispensing site; | ||
(B) a requirement that a provider pharmacy be | ||
allowed to provide pharmacy services at not more than two remote | ||
dispensing sites; | ||
(C) a requirement that a pharmacist employed by a | ||
provider pharmacy make at least monthly on-site visits to a remote | ||
dispensing site or more frequent visits if specified by board rule; | ||
(D) a requirement that a pharmacist employed by a | ||
provider pharmacy be physically present at a remote dispensing site | ||
when the pharmacist is providing services requiring the physical | ||
presence of the pharmacist, including immunizations; | ||
(E) a requirement that a remote dispensing site | ||
be staffed by an on-site pharmacy technician who is under the | ||
continuous supervision of a pharmacist employed by the provider | ||
pharmacy; | ||
(F) a requirement that all pharmacy technicians | ||
at a remote dispensing site be counted for the purpose of | ||
establishing the pharmacist-pharmacy technician ratio of the | ||
provider pharmacy; and | ||
(G) any additional training or practice | ||
experience requirements for pharmacy technicians at a remote | ||
dispensing site; | ||
(4) the areas that qualify under Subsection (f); | ||
(5) [ |
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(6) [ |
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(g) The board by rule shall require and develop a process | ||
for a remote dispensing site to apply for classification as a Class | ||
A pharmacy if the average number of prescriptions dispensed per day | ||
at the remote dispensing site is more than 125, as calculated each | ||
calendar year. | ||
SECTION 2. The Texas State Board of Pharmacy shall adopt | ||
rules under Section 562.110, Occupations Code, as amended by this | ||
Act, not later than January 1, 2018. | ||
SECTION 3. This Act takes effect September 1, 2017. |