Bill Text: TX SB1633 | 2017-2018 | 85th Legislature | Engrossed
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-Engrossed.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-Engrossed.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), (e), and (f) and adding | ||
Subsections (g), (h), and (i) to read as follows: | ||
(a) In this section: | ||
(1) "Provider pharmacy" means a Class A 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; | ||
(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 each month the perpetual | ||
inventory of controlled substances at the remote dispensing site be | ||
reconciled to the on-hand count of those controlled substances at | ||
the site by a pharmacist employed by the provider pharmacy; | ||
(E) 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; | ||
(F) 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; | ||
(G) 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, which, notwithstanding Section 568.006, may not | ||
exceed three pharmacy technicians for each pharmacist providing | ||
supervision; | ||
(H) a requirement that, before working at a | ||
remote dispensing site, a pharmacy technician must: | ||
(i) have worked at least one year at a | ||
retail pharmacy during the three years preceding the date the | ||
pharmacy technician begins working at the remote dispensing site; | ||
and | ||
(ii) have completed a board-approved | ||
training program on the proper use of a telepharmacy system; and | ||
(I) 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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(f) A telepharmacy system located at a health care facility | ||
under Subsection (d)(1) may not be located in a community in which a | ||
Class A or Class C pharmacy is located as determined by board rule. | ||
If a Class A or Class C pharmacy is established in a community in | ||
which a telepharmacy system has been located under this section, | ||
the telepharmacy system may continue to operate in that community. | ||
(g) A telepharmacy system located at a remote dispensing | ||
site under Subsection (d)(2) may not dispense a controlled | ||
substance listed in Schedule II as established by the commissioner | ||
of state health services under Chapter 481, Health and Safety Code, | ||
and may not be located within 25 miles by road of a Class A pharmacy. | ||
(h) If a Class A pharmacy is established within 25 miles by | ||
road of a remote dispensing site that is currently operating, the | ||
remote dispensing site may continue to operate at that location. | ||
(i) 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 each | ||
day the remote dispensing site is open for business 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. |