Sec. 562.110. TELEPHARMACY SYSTEMS. (a) In this section, "telepharmacy system" means a system that monitors the dispensing of prescription drugs and provides for related drug use review and patient counseling services by an electronic method, including the use of the following types of technology:
(1) audio and video;
(2) still image capture; and
(3) store and forward.
(b) A Class A or Class C pharmacy located in this state may provide pharmacy services, including the dispensing of drugs, through a telepharmacy system in a facility that is not at the same location as the Class A or Class C pharmacy.
(c) A telepharmacy system is required to be under the continuous supervision of a pharmacist as determined by board rule. To qualify as continuous supervision for a telepharmacy system, the pharmacist is not required to be physically present at the site of the telepharmacy system. The pharmacist shall supervise the system electronically by audio and video communication.
(d) A telepharmacy system may be located only at a health care facility in this state that is regulated by this state or the United States.
(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, which must include the following facilities:
(A) a clinic designated as a rural health clinic regulated under 42 U.S.C. Section 1395x(aa), as amended; and
(B) a health center as defined by 42 U.S.C. Section 254b, as amended;
(2) the areas that qualify under Subsection (f);
(3) recordkeeping requirements; and
(4) security requirements.
(f) A telepharmacy system may not be located in a community in which a Class A or Class C pharmacy is located as determined by board rule. If a Class A or Class C pharmacy is established in a community in which a telepharmacy system has been located under this section, the telepharmacy system may continue to operate in that community.
Added by Acts 2001, 77th Leg., ch. 1220, Sec. 1, eff. Sept. 1, 2001.
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