Texas 2017 - 85th Regular

Texas House Bill HB3886 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Oliverson H.B. No. 3886
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the provision of pharmacy services through a
7	7	telepharmacy system; establishing a remote dispensing site
8	8	license.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 562.110, Occupations Code, is amended by
11	11	amending Subsections (a), (b), (d), and (e) and adding Subsection
12	12	(g) to read as follows:
13	13	(a) In this section:
14	14	(1) "Provider pharmacy" means a Class A or Class C
15	15	pharmacy that provides pharmacy services through a telepharmacy
16	16	system at a remote dispensing site.
17	17	(2) "Remote dispensing site" means a location licensed
18	18	as a telepharmacy that is authorized by a provider pharmacy through
19	19	a telepharmacy system to store and dispense prescription drugs and
20	20	devices, including dangerous drugs and controlled substances.
21	21	(3) "Telepharmacy [, "telepharmacy] system" means a
22	22	system that monitors the dispensing of prescription drugs and
23	23	provides for related drug use review and patient counseling
24	24	services by an electronic method, including the use of the
25	25	following types of technology:
26	26	(A) [(1)] audio and video;
27	27	(B) [(2)] still image capture; and
28	28	(C) [(3)] store and forward.
29	29	(b) A Class A or Class C pharmacy located in this state may
30	30	provide pharmacy services, including the dispensing of drugs,
31	31	through a telepharmacy system at locations separate from [in a
32	32	facility that is not at the same location as] the Class A or Class C
33	33	pharmacy.
34	34	(d) A telepharmacy system may be located only at:
35	35	(1) a health care facility in this state that is
36	36	regulated by this state or the United States; or
37	37	(2) a remote dispensing site.
38	38	(e) The board shall adopt rules regarding the use of a
39	39	telepharmacy system under this section, including:
40	40	(1) the types of health care facilities at which a
41	41	telepharmacy system may be located under Subsection (d)(1), which
42	42	must include the following facilities:
43	43	(A) a clinic designated as a rural health clinic
44	44	regulated under 42 U.S.C. Section 1395x(aa)[, as amended]; and
45	45	(B) a health center as defined by 42 U.S.C.
46	46	Section 254b[, as amended];
47	47	(2) the locations eligible to be licensed as remote
48	48	dispensing sites, which must include locations in medically
49	49	underserved areas, areas with a medically underserved population,
50	50	and health professional shortage areas determined by the United
51	51	States Department of Health and Human Services, and;
52	52	(a) A provider pharmacy may not provide remote
53	53	pharmacy services if a Class A (Community) or Class C
54	54	(Institutional) pharmacy that dispenses prescription drug orders
55	55	to out-patients is located in the same community. For the purposes
56	56	of this subsection a community is defined as:
57	57	(1) The census tract in which the remote
58	58	site is located, if the remote site is located in a Metropolitan
59	59	Statistical Area (MSA) as defined by the United States Census
60	60	Bureau in the most recent U.S. Census; or
61	61	(2) within 10 miles of the remote site, if
62	62	the remote site is not located in a MSA.
63	63	(3) licensing and operating requirements for remote
64	64	dispensing sites, including:
65	65	(A) a requirement that a remote dispensing site
66	66	license identify the provider pharmacy that will provide pharmacy
67	67	services at the remote dispensing site;
68	68	(B) a requirement that a provider pharmacy be
69	69	allowed to provide pharmacy services at not more than two remote
70	70	dispensing sites;
71	71	(C) a requirement that a pharmacist employed by a
72	72	provider pharmacy make at least monthly on-site visits to a remote
73	73	dispensing site or more frequent visits if specified by board rule;
74	74	(D) a requirement that a pharmacist employed by a
75	75	provider pharmacy be physically present at a remote dispensing site
76	76	when the pharmacist is providing services requiring the physical
77	77	presence of the pharmacist, including immunizations;
78	78	(E) a requirement that a remote dispensing site
79	79	be staffed by an on-site pharmacy technician who is under the
80	80	continuous supervision of a pharmacist employed by the provider
81	81	pharmacy;
82	82	(F) a requirement that all pharmacy technicians
83	83	at a remote dispensing site be counted for the purpose of
84	84	establishing the pharmacist-pharmacy technician ratio of the
85	85	provider pharmacy; and
86	86	(G) any additional training or practice
87	87	experience requirements for pharmacy technicians at a remote
88	88	dispensing site;
89	89	(4) the areas that qualify under Subsection (f);
90	90	(5) [(3)] recordkeeping requirements; and
91	91	(6) [(4)] security requirements.
92	92	(g) The board by rule shall require and develop a process
93	93	for a remote dispensing site to apply for classification as a Class
94	94	A pharmacy if the average number of prescriptions dispensed per day
95	95	at the remote dispensing site is more than 125, as calculated each
96	96	calendar year.
97	97	SECTION 2. The Texas State Board of Pharmacy shall adopt
98	98	rules under Section 562.110, Occupations Code, as amended by this
99	99	Act, not later than January 1, 2018.
100	100	SECTION 3. This Act takes effect September 1, 2017.