89R3301 GP-D
By: Shaheen H.B. No. 1027
A BILL TO BE ENTITLED
AN ACT
relating to the provision of telepharmacy services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 562.110, Occupations Code, is amended by
amending Subsection (e) and adding Subsection (e-1) to read as
follows:
(e) The board shall adopt rules regarding the use of a
telepharmacy system under this section, including:
(1) [the types of health care facilities at which a
telepharmacy system may be located under Subsection (d)(1), which
must include the following facilities:
[(A) a clinic designated as a rural health clinic
regulated under 42 U.S.C. Section 1395x(aa);
[(B) a health center as defined by 42 U.S.C.
Section 254b; and
[(C) a federally qualified health center as
defined by 42 U.S.C. Section 1396d(l)(2)(B);
[(2) the locations eligible to be licensed as remote
dispensing sites, which must include locations in medically
underserved areas, areas with a medically underserved population,
and health professional shortage areas determined by the United
States Department of Health and Human Services;
[(3)] licensing and operating requirements for remote
dispensing sites, including:
(A) a requirement that a remote dispensing site
license identify the provider pharmacy that will provide pharmacy
services at the remote dispensing site;
(B) a requirement that a provider pharmacy be
allowed to provide pharmacy services at not more than two remote
dispensing sites;
(C) [a requirement that a pharmacist employed by
a provider pharmacy make at least monthly on-site visits to a remote
dispensing site or more frequent visits if specified by board rule;
[(D)] a requirement that each month the perpetual
inventory of controlled substances at the remote dispensing site be
reconciled to the on-hand count of those controlled substances at
the site by a pharmacist employed by the provider pharmacy;
(D) [(E)] a requirement that a pharmacist
employed by a provider pharmacy be physically present at a remote
dispensing site when the pharmacist is providing services requiring
the physical presence of the pharmacist, including immunizations;
(E) [(F)] a requirement that a remote dispensing
site be staffed by an on-site pharmacy technician who is under the
continuous supervision of a pharmacist employed by the provider
pharmacy;
(F) [(G)] a requirement that all pharmacy
technicians at a remote dispensing site be counted for the purpose
of establishing the pharmacist-pharmacy technician ratio of the
provider pharmacy, which, notwithstanding Section 568.006, may not
exceed three pharmacy technicians for each pharmacist providing
supervision;
(G) [(H)] a requirement that, before working at a
remote dispensing site, a pharmacy technician must:
(i) have worked at least one year at a
retail pharmacy during the three years preceding the date the
pharmacy technician begins working at the remote dispensing site;
and
(ii) have completed a board-approved
training program on the proper use of a telepharmacy system;
(H) [(I)] a requirement that pharmacy
technicians at a remote dispensing site may not perform
extemporaneous sterile or nonsterile compounding but may prepare
commercially available medications for dispensing, including the
reconstitution of orally administered powder antibiotics; and
(I) [(J)] any additional training or practice
experience requirements for pharmacy technicians at a remote
dispensing site;
(2) [(4) the areas that qualify under Subsection (f);
[(5)] recordkeeping requirements; and
(3) [(6)] security requirements.
(e-1) The board may not adopt any rule, policy, or other
directive imposing any mileage restriction related to the location
of a telepharmacy system or remote dispensing site.
SECTION 2. The following provisions of the Occupations Code
are repealed:
(1) Sections 562.110(f), (f-1), (i), and (j);
(2) Sections 562.110(g) and (h), as added by Chapter
485 (H.B. 2561), Acts of the 85th Legislature, Regular Session,
2017; and
(3) Sections 562.110(g) and (h), as added by Chapter
929 (S.B. 1633), Acts of the 85th Legislature, Regular Session,
2017.
SECTION 3. This Act takes effect September 1, 2025.