85R8371 EES-F By: Burkett H.B. No. 2389 A BILL TO BE ENTITLED AN ACT relating to the supervision of pharmacist-interns, pharmacy technicians, and pharmacy technician trainees by a pharmacist and the adoption of rules by the Texas State Board of Pharmacy. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 551.003, Occupations Code, is amended by adding Subdivision (15-a) to read as follows: (15-a) "Direct supervision" means supervision by a pharmacist who directs the activities of a pharmacist-intern, pharmacy technician, or pharmacy technician trainee to a sufficient degree to ensure the activities are performed accurately, safely, and without risk of harm to patients, as specified by board rule. SECTION 2. Section 554.053(a), Occupations Code, is amended to read as follows: (a) The board shall establish rules for the use and the duties of a pharmacy technician and pharmacy technician trainee employed by [in] a pharmacy licensed by the board. A pharmacy technician and pharmacy technician trainee shall be responsible to and must be directly supervised by a pharmacist. SECTION 3. Subchapter B, Chapter 554, Occupations Code, is amended by adding Section 554.058 to read as follows: Sec. 554.058. RULES PROHIBITING REMOTE ACCESS. The board may not adopt rules prohibiting a pharmacist, a pharmacist-intern, or a pharmacy technician employed by a pharmacy from accessing the pharmacy's database from a remote location to perform certain prescription processing functions, provided the pharmacy establishes controls to protect the privacy and security of confidential information. SECTION 4. This Act takes effect September 1, 2017.