Texas 2023 - 88th Regular

Texas House Bill HB594 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R748 KKR-D
2	2	By: Shaheen H.B. No. 594
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the provision of telepharmacy services.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 562.110(e), Occupations Code, is amended
10	10	to read as follows:
11	11	(e) The board shall adopt rules regarding the use of a
12	12	telepharmacy system under this section, including:
13	13	(1) [the types of health care facilities at which a
14	14	telepharmacy system may be located under Subsection (d)(1), which
15	15	must include the following facilities:
16	16	[(A) a clinic designated as a rural health clinic
17	17	regulated under 42 U.S.C. Section 1395x(aa);
18	18	[(B) a health center as defined by 42 U.S.C.
19	19	Section 254b; and
20	20	[(C) a federally qualified health center as
21	21	defined by 42 U.S.C. Section 1396d(l)(2)(B);
22	22	[(2) the locations eligible to be licensed as remote
23	23	dispensing sites, which must include locations in medically
24	24	underserved areas, areas with a medically underserved population,
25	25	and health professional shortage areas determined by the United
26	26	States Department of Health and Human Services;
27	27	[(3)] licensing and operating requirements for remote
28	28	dispensing sites, including:
29	29	(A) a requirement that a remote dispensing site
30	30	license identify the provider pharmacy that will provide pharmacy
31	31	services at the remote dispensing site;
32	32	(B) a requirement that a provider pharmacy be
33	33	allowed to provide pharmacy services at not more than two remote
34	34	dispensing sites;
35	35	(C) [a requirement that a pharmacist employed by
36	36	a provider pharmacy make at least monthly on-site visits to a remote
37	37	dispensing site or more frequent visits if specified by board rule;
38	38	[(D)] a requirement that each month the perpetual
39	39	inventory of controlled substances at the remote dispensing site be
40	40	reconciled to the on-hand count of those controlled substances at
41	41	the site by a pharmacist employed by the provider pharmacy;
42	42	(D) [(E)] a requirement that a pharmacist
43	43	employed by a provider pharmacy be physically present at a remote
44	44	dispensing site when the pharmacist is providing services requiring
45	45	the physical presence of the pharmacist, including immunizations;
46	46	(E) [(F)] a requirement that a remote dispensing
47	47	site be staffed by an on-site pharmacy technician who is under the
48	48	continuous supervision of a pharmacist employed by the provider
49	49	pharmacy;
50	50	(F) [(G)] a requirement that all pharmacy
51	51	technicians at a remote dispensing site be counted for the purpose
52	52	of establishing the pharmacist-pharmacy technician ratio of the
53	53	provider pharmacy, which, notwithstanding Section 568.006, may not
54	54	exceed three pharmacy technicians for each pharmacist providing
55	55	supervision;
56	56	(G) [(H)] a requirement that, before working at a
57	57	remote dispensing site, a pharmacy technician must:
58	58	(i) have worked at least one year at a
59	59	retail pharmacy during the three years preceding the date the
60	60	pharmacy technician begins working at the remote dispensing site;
61	61	and
62	62	(ii) have completed a board-approved
63	63	training program on the proper use of a telepharmacy system;
64	64	(H) [(I)] a requirement that pharmacy
65	65	technicians at a remote dispensing site may not perform
66	66	extemporaneous sterile or nonsterile compounding but may prepare
67	67	commercially available medications for dispensing, including the
68	68	reconstitution of orally administered powder antibiotics; and
69	69	(I) [(J)] any additional training or practice
70	70	experience requirements for pharmacy technicians at a remote
71	71	dispensing site;
72	72	(2) [(4)] the areas that qualify under Subsection (f);
73	73	(3) [(5)] recordkeeping requirements; and
74	74	(4) [(6)] security requirements.
75	75	SECTION 2. The following provisions of the Occupations Code
76	76	are repealed:
77	77	(1) Sections 562.110(g) and (h), as added by Chapter
78	78	485 (H.B. 2561), Acts of the 85th Legislature, Regular Session,
79	79	2017;
80	80	(2) Sections 562.110(g) and (h), as added by Chapter
81	81	929 (S.B. 1633), Acts of the 85th Legislature, Regular Session,
82	82	2017; and
83	83	(3) Sections 562.110(i) and (j).
84	84	SECTION 3. This Act takes effect September 1, 2023.