81R9736 NC-D
By: Heflin H.B. No. 1924
A BILL TO BE ENTITLED
AN ACT
relating to the performance of pharmacy services in certain rural
hospitals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 562.101(d), Occupations Code, is amended
to read as follows:
(d) A Class C pharmacy that is in an institution with 100
beds or fewer is required to have the services of a pharmacist on a
part-time or consulting basis according to the needs of the
institution, except as provided by Section 562.1011.
SECTION 2. Subchapter C, Chapter 562, Occupations Code, is
amended by adding Section 562.1011 to read as follows:
Sec. 562.1011. SUPERVISION OF CLASS C PHARMACY IN CERTAIN
RURAL HOSPITALS. (a) In this section, "rural hospital" means a
licensed hospital with 100 beds or fewer that:
(1) is located in a county with a population of 50,000
or less; or
(2) has been designated by the Centers for Medicare
and Medicaid Services as a critical access hospital, rural referral
center, or sole community hospital.
(b) The board shall adopt rules to certify a pharmacy
technician who applies under this section. The board shall require
a pharmacy technician to pass an examination approved by the board
to qualify for the certification.
(c) The board by rule shall establish training standards for
certified pharmacy technicians for the use of an automated
medication supply system. A certified pharmacy technician must
have proper training on the use of the system and demonstrate
comprehensive knowledge of the written policies and procedures for
operating the system before having access to the system.
(d) At the request of a rural hospital, the board shall
authorize the hospital to allow a pharmacy technician who is
certified under this section and employed by the hospital to
perform the duties described by Subsection (e) if the hospital:
(1) has entered into a contract with a pharmacist to be
present at the hospital at least once a week; and
(2) can communicate at all times with a pharmacist to
clarify a medication order, drug interaction, drug allergy, or
dosing instruction.
(e) A certified pharmacy technician employed by an
authorized rural hospital may enter a medication order in a patient
profile or pharmacy system subject to documented verification by a
licensed nurse or remote order review by a pharmacist. The pharmacy
technician may, without electronic or direct supervision by a
pharmacist, but subject to documented verification by a licensed
nurse:
(1) fill a medication cart used in the hospital;
(2) replace medication to a manual floor stock system;
(3) prepare, package, or label a prescription drug
under a medication order;
(4) distribute a routine order for stock supplies to a
patient care area; and
(5) access an automated medication supply system.
SECTION 3. The Texas State Board of Pharmacy shall adopt the
rules required by Section 562.1011, Occupations Code, as added by
this Act, not later than December 1, 2009.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.