Texas 2025 - 89th Regular

Texas House Bill HB1027 Compare Versions

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11 89R3301 GP-D
22 By: Shaheen H.B. No. 1027
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the provision of telepharmacy services.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 562.110, Occupations Code, is amended by
1212 amending Subsection (e) and adding Subsection (e-1) to read as
1313 follows:
1414 (e) The board shall adopt rules regarding the use of a
1515 telepharmacy system under this section, including:
1616 (1) [the types of health care facilities at which a
1717 telepharmacy system may be located under Subsection (d)(1), which
1818 must include the following facilities:
1919 [(A) a clinic designated as a rural health clinic
2020 regulated under 42 U.S.C. Section 1395x(aa);
2121 [(B) a health center as defined by 42 U.S.C.
2222 Section 254b; and
2323 [(C) a federally qualified health center as
2424 defined by 42 U.S.C. Section 1396d(l)(2)(B);
2525 [(2) the locations eligible to be licensed as remote
2626 dispensing sites, which must include locations in medically
2727 underserved areas, areas with a medically underserved population,
2828 and health professional shortage areas determined by the United
2929 States Department of Health and Human Services;
3030 [(3)] licensing and operating requirements for remote
3131 dispensing sites, including:
3232 (A) a requirement that a remote dispensing site
3333 license identify the provider pharmacy that will provide pharmacy
3434 services at the remote dispensing site;
3535 (B) a requirement that a provider pharmacy be
3636 allowed to provide pharmacy services at not more than two remote
3737 dispensing sites;
3838 (C) [a requirement that a pharmacist employed by
3939 a provider pharmacy make at least monthly on-site visits to a remote
4040 dispensing site or more frequent visits if specified by board rule;
4141 [(D)] a requirement that each month the perpetual
4242 inventory of controlled substances at the remote dispensing site be
4343 reconciled to the on-hand count of those controlled substances at
4444 the site by a pharmacist employed by the provider pharmacy;
4545 (D) [(E)] a requirement that a pharmacist
4646 employed by a provider pharmacy be physically present at a remote
4747 dispensing site when the pharmacist is providing services requiring
4848 the physical presence of the pharmacist, including immunizations;
4949 (E) [(F)] a requirement that a remote dispensing
5050 site be staffed by an on-site pharmacy technician who is under the
5151 continuous supervision of a pharmacist employed by the provider
5252 pharmacy;
5353 (F) [(G)] a requirement that all pharmacy
5454 technicians at a remote dispensing site be counted for the purpose
5555 of establishing the pharmacist-pharmacy technician ratio of the
5656 provider pharmacy, which, notwithstanding Section 568.006, may not
5757 exceed three pharmacy technicians for each pharmacist providing
5858 supervision;
5959 (G) [(H)] a requirement that, before working at a
6060 remote dispensing site, a pharmacy technician must:
6161 (i) have worked at least one year at a
6262 retail pharmacy during the three years preceding the date the
6363 pharmacy technician begins working at the remote dispensing site;
6464 and
6565 (ii) have completed a board-approved
6666 training program on the proper use of a telepharmacy system;
6767 (H) [(I)] a requirement that pharmacy
6868 technicians at a remote dispensing site may not perform
6969 extemporaneous sterile or nonsterile compounding but may prepare
7070 commercially available medications for dispensing, including the
7171 reconstitution of orally administered powder antibiotics; and
7272 (I) [(J)] any additional training or practice
7373 experience requirements for pharmacy technicians at a remote
7474 dispensing site;
7575 (2) [(4) the areas that qualify under Subsection (f);
7676 [(5)] recordkeeping requirements; and
7777 (3) [(6)] security requirements.
7878 (e-1) The board may not adopt any rule, policy, or other
7979 directive imposing any mileage restriction related to the location
8080 of a telepharmacy system or remote dispensing site.
8181 SECTION 2. The following provisions of the Occupations Code
8282 are repealed:
8383 (1) Sections 562.110(f), (f-1), (i), and (j);
8484 (2) Sections 562.110(g) and (h), as added by Chapter
8585 485 (H.B. 2561), Acts of the 85th Legislature, Regular Session,
8686 2017; and
8787 (3) Sections 562.110(g) and (h), as added by Chapter
8888 929 (S.B. 1633), Acts of the 85th Legislature, Regular Session,
8989 2017.
9090 SECTION 3. This Act takes effect September 1, 2025.