1 | 1 | | 89R3301 GP-D |
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2 | 2 | | By: Shaheen H.B. No. 1027 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the provision of telepharmacy services. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 562.110, Occupations Code, is amended by |
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12 | 12 | | amending Subsection (e) and adding Subsection (e-1) to read as |
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13 | 13 | | follows: |
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14 | 14 | | (e) The board shall adopt rules regarding the use of a |
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15 | 15 | | telepharmacy system under this section, including: |
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16 | 16 | | (1) [the types of health care facilities at which a |
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17 | 17 | | telepharmacy system may be located under Subsection (d)(1), which |
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18 | 18 | | must include the following facilities: |
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19 | 19 | | [(A) a clinic designated as a rural health clinic |
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20 | 20 | | regulated under 42 U.S.C. Section 1395x(aa); |
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21 | 21 | | [(B) a health center as defined by 42 U.S.C. |
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22 | 22 | | Section 254b; and |
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23 | 23 | | [(C) a federally qualified health center as |
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24 | 24 | | defined by 42 U.S.C. Section 1396d(l)(2)(B); |
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25 | 25 | | [(2) the locations eligible to be licensed as remote |
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26 | 26 | | dispensing sites, which must include locations in medically |
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27 | 27 | | underserved areas, areas with a medically underserved population, |
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28 | 28 | | and health professional shortage areas determined by the United |
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29 | 29 | | States Department of Health and Human Services; |
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30 | 30 | | [(3)] licensing and operating requirements for remote |
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31 | 31 | | dispensing sites, including: |
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32 | 32 | | (A) a requirement that a remote dispensing site |
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33 | 33 | | license identify the provider pharmacy that will provide pharmacy |
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34 | 34 | | services at the remote dispensing site; |
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35 | 35 | | (B) a requirement that a provider pharmacy be |
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36 | 36 | | allowed to provide pharmacy services at not more than two remote |
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37 | 37 | | dispensing sites; |
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38 | 38 | | (C) [a requirement that a pharmacist employed by |
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39 | 39 | | a provider pharmacy make at least monthly on-site visits to a remote |
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40 | 40 | | dispensing site or more frequent visits if specified by board rule; |
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41 | 41 | | [(D)] a requirement that each month the perpetual |
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42 | 42 | | inventory of controlled substances at the remote dispensing site be |
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43 | 43 | | reconciled to the on-hand count of those controlled substances at |
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44 | 44 | | the site by a pharmacist employed by the provider pharmacy; |
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45 | 45 | | (D) [(E)] a requirement that a pharmacist |
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46 | 46 | | employed by a provider pharmacy be physically present at a remote |
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47 | 47 | | dispensing site when the pharmacist is providing services requiring |
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48 | 48 | | the physical presence of the pharmacist, including immunizations; |
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49 | 49 | | (E) [(F)] a requirement that a remote dispensing |
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50 | 50 | | site be staffed by an on-site pharmacy technician who is under the |
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51 | 51 | | continuous supervision of a pharmacist employed by the provider |
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52 | 52 | | pharmacy; |
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53 | 53 | | (F) [(G)] a requirement that all pharmacy |
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54 | 54 | | technicians at a remote dispensing site be counted for the purpose |
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55 | 55 | | of establishing the pharmacist-pharmacy technician ratio of the |
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56 | 56 | | provider pharmacy, which, notwithstanding Section 568.006, may not |
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57 | 57 | | exceed three pharmacy technicians for each pharmacist providing |
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58 | 58 | | supervision; |
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59 | 59 | | (G) [(H)] a requirement that, before working at a |
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60 | 60 | | remote dispensing site, a pharmacy technician must: |
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61 | 61 | | (i) have worked at least one year at a |
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62 | 62 | | retail pharmacy during the three years preceding the date the |
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63 | 63 | | pharmacy technician begins working at the remote dispensing site; |
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64 | 64 | | and |
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65 | 65 | | (ii) have completed a board-approved |
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66 | 66 | | training program on the proper use of a telepharmacy system; |
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67 | 67 | | (H) [(I)] a requirement that pharmacy |
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68 | 68 | | technicians at a remote dispensing site may not perform |
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69 | 69 | | extemporaneous sterile or nonsterile compounding but may prepare |
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70 | 70 | | commercially available medications for dispensing, including the |
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71 | 71 | | reconstitution of orally administered powder antibiotics; and |
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72 | 72 | | (I) [(J)] any additional training or practice |
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73 | 73 | | experience requirements for pharmacy technicians at a remote |
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74 | 74 | | dispensing site; |
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75 | 75 | | (2) [(4) the areas that qualify under Subsection (f); |
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76 | 76 | | [(5)] recordkeeping requirements; and |
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77 | 77 | | (3) [(6)] security requirements. |
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78 | 78 | | (e-1) The board may not adopt any rule, policy, or other |
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79 | 79 | | directive imposing any mileage restriction related to the location |
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80 | 80 | | of a telepharmacy system or remote dispensing site. |
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81 | 81 | | SECTION 2. The following provisions of the Occupations Code |
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82 | 82 | | are repealed: |
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83 | 83 | | (1) Sections 562.110(f), (f-1), (i), and (j); |
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84 | 84 | | (2) Sections 562.110(g) and (h), as added by Chapter |
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85 | 85 | | 485 (H.B. 2561), Acts of the 85th Legislature, Regular Session, |
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86 | 86 | | 2017; and |
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87 | 87 | | (3) Sections 562.110(g) and (h), as added by Chapter |
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88 | 88 | | 929 (S.B. 1633), Acts of the 85th Legislature, Regular Session, |
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89 | 89 | | 2017. |
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90 | 90 | | SECTION 3. This Act takes effect September 1, 2025. |
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