NRS S.B. 98 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 98
By: Nelson
Public Health
4/16/2001
Engrossed



BACKGROUND AND PURPOSE 

Technological advances have made it possible for the development of
automated pharmacy systems, which use computer technology to package and
dispense prescription drugs and maintain related transaction information to
reduce drug waste, human error, and drug-related costs. Current law does
not provide for the use of such automated systems in a facility that is not
in the same location as a Class A or Class C pharmacy. Under the Texas
Administrative Code, the Texas State Board of Pharmacy regulates the use of
automated pharmacy systems by licensed health care professionals or
pharmacy technicians within the same location as the operating pharmacy.
Senate Bill 98 authorizes the use of and regulates automated pharmacy
systems in a facility that is not in the same location as a Class A or
Class C pharmacy. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas State Board of Pharmacy in
SECTION 1 (Section 562.109, Occupations Code) and SECTION 4 of this bill. 

ANALYSIS

Senate Bill 98 amends the Occupations Code to authorize the use of and
regulate automated pharmacy systems. The bill authorizes a Class A or Class
C pharmacy to provide pharmacy services through an automated pharmacy
system in a facility that is not at the same location as the Class A or
Class C pharmacy. The bill provides that the pharmacist in charge of the
Class A or Class C pharmacy is responsible for filling and loading the
storage containers for medication stored in bulk at the facility. The bill
authorizes an automated pharmacy system to be located only at a health care
facility regulated by the state. 

The bill provides that an automated pharmacy system is required to be under
the continuous supervision of a pharmacist as determined by rules adopted
by the Texas State Board of Pharmacy (TSBP). The bill provides that to
qualify as continuous supervision for an automated pharmacy system, a
pharmacist is not required to be physically present at the site of the
automated pharmacy system and authorizes the pharmacist to supervise the
system electronically.  

The bill requires TSBP to adopt rules regarding the use of an automated
pharmacy system not later than February 28, 2002. The rules are to include
the types of health care facilities at which an automated pharmacy system
may be located, record keeping requirements, and security requirements. 

The bill requires the Texas Department of Health to study and report on the
costs and savings associated with the use of automated pharmacy systems to
specified state officials. 

EFFECTIVE DATE

On passage.