Texas 2017 - 85th Regular

Texas Senate Bill SB1633 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1633
	1	+	By: Perry S.B. No. 1633
	2	+	(Oliverson, et al.)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5		-	relating to the supervision of pharmacist-interns, pharmacy
6		-	technicians, and pharmacy technician trainees by a pharmacist and
7		-	the provision of pharmacy services through a telepharmacy system;
8		-	establishing a remote dispensing site license.
	7	+	relating to the provision of pharmacy services through a
	8	+	telepharmacy system; establishing a remote dispensing site
	9	+	license.
9	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10		-	SECTION 1. Section 551.003, Occupations Code, is amended by
11		-	adding Subdivision (15-a) to read as follows:
12		-	(15-a) "Direct supervision" means supervision by a
13		-	pharmacist who directs the activities of a pharmacist-intern,
14		-	pharmacy technician, or pharmacy technician trainee to a sufficient
15		-	degree to ensure the activities are performed accurately, safely,
16		-	and without risk of harm to patients, as specified by board rule.
17		-	SECTION 2. Section 554.053(a), Occupations Code, is amended
18		-	to read as follows:
19		-	(a) The board shall establish rules for the use and the
20		-	duties of a pharmacy technician and pharmacy technician trainee
21		-	employed by [in] a pharmacy licensed by the board. A pharmacy
22		-	technician and pharmacy technician trainee shall be responsible to
23		-	and must be directly supervised by a pharmacist.
24		-	SECTION 3. Section 562.110, Occupations Code, is amended by
	11	+	SECTION 1. Section 562.110, Occupations Code, is amended by
25	12		amending Subsections (a), (b), (d), (e), and (f) and adding
26		-	Subsections (g), (h), ~~(i), (j),~~ and (k) to read as follows:
	13	+	Subsections (g), (h), and (i) to read as follows:
27	14		(a) In this section:
28	15		(1) "Provider pharmacy" means a Class A pharmacy that
29	16		provides pharmacy services through a telepharmacy system at a
30	17		remote dispensing site.
31	18		(2) "Remote dispensing site" means a location licensed
32	19		as a telepharmacy that is authorized by a provider pharmacy through
33	20		a telepharmacy system to store and dispense prescription drugs and
34	21		devices, including dangerous drugs and controlled substances.
35	22		(3) "Telepharmacy[, "telepharmacy] system" means a
36	23		system that monitors the dispensing of prescription drugs and
37	24		provides for related drug use review and patient counseling
38	25		services by an electronic method, including the use of the
39	26		following types of technology:
40	27		(A) [(1)] audio and video;
41	28		(B) [(2)] still image capture; and
42	29		(C) [(3)] store and forward.
43	30		(b) A Class A or Class C pharmacy located in this state may
44	31		provide pharmacy services, including the dispensing of drugs,
45	32		through a telepharmacy system at locations separate from [in a
46	33		facility that is not at the same location as] the Class A or Class C
47	34		pharmacy.
48	35		(d) A telepharmacy system may be located only at:
49	36		(1) a health care facility in this state that is
50	37		regulated by this state or the United States; or
51	38		(2) a remote dispensing site.
52	39		(e) The board shall adopt rules regarding the use of a
53	40		telepharmacy system under this section, including:
54	41		(1) the types of health care facilities at which a
55	42		telepharmacy system may be located under Subsection (d)(1), which
56	43		must include the following facilities:
57	44		(A) a clinic designated as a rural health clinic
58	45		regulated under 42 U.S.C. Section 1395x(aa)[, as amended]; and
59	46		(B) a health center as defined by 42 U.S.C.
60	47		Section 254b[, as amended];
61	48		(2) the locations eligible to be licensed as remote
62	49		dispensing sites, which must include locations in medically
63	50		underserved areas, areas with a medically underserved population,
64	51		and health professional shortage areas determined by the United
65	52		States Department of Health and Human Services;
66	53		(3) licensing and operating requirements for remote
67	54		dispensing sites, including:
68	55		(A) a requirement that a remote dispensing site
69	56		license identify the provider pharmacy that will provide pharmacy
70	57		services at the remote dispensing site;
71	58		(B) a requirement that a provider pharmacy be
72	59		allowed to provide pharmacy services at not more than two remote
73	60		dispensing sites;
74	61		(C) a requirement that a pharmacist employed by a
75	62		provider pharmacy make at least monthly on-site visits to a remote
76	63		dispensing site or more frequent visits if specified by board rule;
77	64		(D) a requirement that each month the perpetual
78	65		inventory of controlled substances at the remote dispensing site be
79	66		reconciled to the on-hand count of those controlled substances at
80	67		the site by a pharmacist employed by the provider pharmacy;
81	68		(E) a requirement that a pharmacist employed by a
82	69		provider pharmacy be physically present at a remote dispensing site
83	70		when the pharmacist is providing services requiring the physical
84	71		presence of the pharmacist, including immunizations;
85	72		(F) a requirement that a remote dispensing site
86	73		be staffed by an on-site pharmacy technician who is under the
87	74		continuous supervision of a pharmacist employed by the provider
88	75		pharmacy;
89	76		(G) a requirement that all pharmacy technicians
90	77		at a remote dispensing site be counted for the purpose of
91	78		establishing the pharmacist-pharmacy technician ratio of the
92	79		provider pharmacy, which, notwithstanding Section 568.006, may not
93	80		exceed three pharmacy technicians for each pharmacist providing
94	81		supervision;
95	82		(H) a requirement that, before working at a
96	83		remote dispensing site, a pharmacy technician must:
97	84		(i) have worked at least one year at a
98	85		retail pharmacy during the three years preceding the date the
99	86		pharmacy technician begins working at the remote dispensing site;
100	87		and
101	88		(ii) have completed a board-approved
102		-	training program on the proper use of a telepharmacy system;
103		-	(I) a requirement that pharmacy technicians at a
104		-	remote dispensing site may not perform extemporaneous sterile or
105		-	nonsterile compounding but may prepare commercially available
106		-	medications for dispensing, including the reconstitution of orally
107		-	administered powder antibiotics; and
108		-	(J) any additional training or practice
	89	+	training program on the proper use of a telepharmacy system; and
	90	+	(I) any additional training or practice
109	91		experience requirements for pharmacy technicians at a remote
110	92		dispensing site;
111	93		(4) the areas that qualify under Subsection (f);
112	94		(5) [(3)] recordkeeping requirements; and
113	95		(6) [(4)] security requirements.
114	96		(f) A telepharmacy system located at a health care facility
115	97		under Subsection (d)(1) may not be located in a community in which a
116	98		Class A or Class C pharmacy is located as determined by board rule.
117	99		If a Class A or Class C pharmacy is established in a community in
118	100		which a telepharmacy system has been located under this section,
119	101		the telepharmacy system may continue to operate in that community.
120	102		(g) A telepharmacy system located at a remote dispensing
121	103		site under Subsection (d)(2) may not dispense a controlled
122	104		substance listed in Schedule II as established by the commissioner
123		-	of state health services under Chapter 481, Health and Safety Code.
124		-	(h) Except as provided by Subsection (j), a telepharmacy
125		-	system located at a remote dispensing site under Subsection (d)(2)
126		-	may not be located within 25 miles by road of a Class A pharmacy.
127		-	(i) Except as provided by Subsection (j), if a Class A
128		-	pharmacy is established within 25 miles by road of a remote
129		-	dispensing site that is currently operating, the remote dispensing
130		-	site may continue to operate at that location.
131		-	(j) A telepharmacy system located at a remote dispensing
132		-	site under Subsection (d)(2) in a county with a population of at
133		-	least 13,000 but not more than 14,000 may not be located within 22
134		-	miles by road of a Class A pharmacy. If a Class A pharmacy is
135		-	established within 22 miles by road of a remote dispensing site
136		-	described by this subsection that is currently operating, the
	105	+	of state health services under Chapter 481, Health and Safety Code,
	106	+	and may not be located within 25 miles by road of a Class A pharmacy.
	107	+	(h) If a Class A pharmacy is established within 25 miles by
	108	+	road of a remote dispensing site that is currently operating, the
137	109		remote dispensing site may continue to operate at that location.
138		-	(k) The board by rule shall require and develop a process
	110	+	(i) The board by rule shall require and develop a process
139	111		for a remote dispensing site to apply for classification as a Class
140	112		A pharmacy if the average number of prescriptions dispensed each
141	113		day the remote dispensing site is open for business is more than
142	114		125, as calculated each calendar year.
143		-	SECTION 4. The Texas State Board of Pharmacy shall adopt
	115	+	SECTION 2. The Texas State Board of Pharmacy shall adopt
144	116		rules under Section 562.110, Occupations Code, as amended by this
145	117		Act, not later than January 1, 2018.
146		-	SECTION 5. This Act takes effect September 1, 2017.
147		-	______________________________ ______________________________
148		-	President of the Senate Speaker of the House
149		-	I hereby certify that S.B. No. 1633 passed the Senate on
150		-	April 27, 2017, by the following vote: Yeas 31, Nays 0;
151		-	May 25, 2017, Senate refused to concur in House amendments and
152		-	requested appointment of Conference Committee; May 26, 2017, House
153		-	granted request of the Senate; May 28, 2017, Senate adopted
154		-	Conference Committee Report by the following vote: Yeas 29,
155		-	Nays 1.
156		-	______________________________
157		-	Secretary of the Senate
158		-	I hereby certify that S.B. No. 1633 passed the House, with
159		-	amendments, on May 24, 2017, by the following vote: Yeas 132,
160		-	Nays 13, three present not voting; May 26, 2017, House granted
161		-	request of the Senate for appointment of Conference Committee;
162		-	May 28, 2017, House adopted Conference Committee Report by the
163		-	following vote: Yeas 138, Nays 6, three present not voting.
164		-	______________________________
165		-	Chief Clerk of the House
166		-	Approved:
167		-	______________________________
168		-	Date
169		-	______________________________
170		-	Governor
	118	+	SECTION 3. This Act takes effect September 1, 2017.