bill loosens telepharmacy rules

The text as introduced · 659 words

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.