81R19520 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
areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 562, Occupations Code, is
amended by adding Section 562.1011 to read as follows:
Sec. 562.1011. OPERATION OF CLASS C PHARMACY IN CERTAIN
RURAL HOSPITALS. (a) In this section:
(1) "Nurse" has the meaning assigned by Section
301.002. The term includes a nurse who is also registered as a
pharmacy technician.
(2) "Rural hospital" means a licensed hospital with
100 beds or fewer that:
(A) is located in a county with a population of
50,000 or less; or
(B) has been designated by the Centers for
Medicare and Medicaid Services as a critical access hospital, rural
referral center, or sole community hospital.
(b) If a practitioner orders a prescription drug or device
for a patient in a rural hospital when the hospital pharmacist is
not on duty or when the institutional pharmacy is closed, a nurse or
practitioner may withdraw the drug or device from the pharmacy in
sufficient quantity to fill the order.
(c) At the time the nurse or practitioner withdraws a drug
or device from an institutional pharmacy under Subsection (b), the
nurse or practitioner shall make a record of the withdrawal that
contains:
(1) the name of the patient;
(2) the name of the device or drug;
(3) the dosage of the drug, strength of the drug, and
dosage form;
(4) the quantity withdrawn;
(5) the time and date of the withdrawal; and
(6) the signature of the person making the withdrawal.
(d) The original medication order or a copy of the order may
substitute for the record of withdrawal if the medication order
contains all of the information required by Subsection (c).
(e) The hospital pharmacist shall verify the withdrawal of a
drug or device under Subsection (b) and perform a drug regimen
review not later than the seventh day after the date of the
withdrawal.
(f) In a rural hospital that uses a floor stock method of
drug distribution, a nurse or practitioner may withdraw a
prescription drug or device from the institutional pharmacy in the
original manufacturer's container or a prepackaged container.
(g) At the time a nurse or practitioner withdraws a drug or
device from an institutional pharmacy under Subsection (f), the
nurse or practitioner shall make a record of the withdrawal that
contains:
(1) the name of the drug or device;
(2) the strength of the drug and dosage form;
(3) the quantity of the drug or device withdrawn;
(4) the location of the floor stock;
(5) the time and date of the withdrawal; and
(6) the signature of the person making the withdrawal.
(h) The hospital pharmacist shall verify the withdrawal of a
drug or device under Subsection (f) and perform a drug regimen
review not later than the seventh day after the date of the
withdrawal.
(i) This section does not restrict or prohibit the board
from adopting a rule governing the withdrawal of a drug or device by
a nurse or practitioner from an institutional pharmacy not located
in a rural hospital.
(j) This section expires January 1, 2012.
SECTION 2. 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.