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TITLE 22EXAMINING BOARDS
PART 15TEXAS STATE BOARD OF PHARMACY
CHAPTER 291PHARMACIES
SUBCHAPTER HOTHER CLASSES OF PHARMACY
RULE §291.151Pharmacies Located in a Freestanding Emergency Medical Care Facility (Class F)

    (C) FEMCF pharmacies shall be exempt from the labeling provisions and patient notification requirements of §562.006 and §562.009 of the Act, as respects drugs distributed pursuant to medication orders.

    (D) In FEMCFs with a full-time pharmacist, if a practitioner orders a drug for administration to a bona fide patient of the facility when the pharmacy is closed, the following is applicable:

      (i) prescription drugs and devices only in sufficient quantities for immediate therapeutic needs of a patient may be removed from the FEMCF pharmacy;

      (ii) only a designated licensed nurse or practitioner may remove such drugs and devices;

      (iii) a record shall be made at the time of withdrawal by the authorized person removing the drugs and devices. The record shall contain the following information:

        (I) name of the patient;

        (II) name of device or drug, strength, and dosage form;

        (III) dose prescribed;

        (IV) quantity withdrawn;

        (V) time and date; and

        (VI) signature or electronic signature of the person making the withdrawal;

      (iv) the medication order in the patient's chart may substitute for such record, provided the medication order meets all the requirements of clause (iii) of this subparagraph;

      (v) the pharmacist shall verify the withdrawal of a controlled substance as soon as practical, but in no event more than 72 hours from the time of such withdrawal; and

      (vi) the pharmacist shall verify the withdrawal of a dangerous drug at a reasonable interval, but such verification must occur at least once in every calendar week.

    (E) In FEMCFs with a part-time or consultant pharmacist, if a practitioner orders a drug for administration to a bona fide patient of the FEMCF when the pharmacist is not on duty, or when the pharmacy is closed, the following is applicable:

      (i) prescription drugs and devices only in sufficient quantities for therapeutic needs may be removed from the FEMCF pharmacy;

      (ii) only a designated licensed nurse or practitioner may remove such drugs and devices;

      (iii) a record shall be made at the time of withdrawal by the authorized person removing the drug or device as described in clauses (6)(D)(iii) and (iv) of this subsection; and

      (iv) the pharmacist shall verify withdrawals at a reasonable interval, but such verification must occur at least once in every calendar week that the pharmacy is open.

  (7) Floor stock. In facilities using a floor stock method of drug distribution, the pharmacy shall establish designated floor stock areas outside of the central pharmacy where drugs may be stored, in accordance with the pharmacy's policies and procedures. The following is applicable for removing drugs or devices in the absence of a pharmacist:

    (A) prescription drugs and devices may be removed from the pharmacy only in the original manufacturer's container or prepackaged container;

    (B) only a designated licensed nurse or practitioner may remove such drugs and devices;

    (C) a record shall be made at the time of withdrawal by the authorized person removing the drug or device and the record shall contain the following information:

      (i) name of the drug, strength, and dosage form;

      (ii) quantity removed;

      (iii) location of floor stock;

      (iv) date and time; and

      (v) signature or electronic signature of person making the withdrawal;

    (D) the medication order in the patient's chart may substitute for the record required in subparagraph (C) of this paragraph, provided the medication order meets all the requirements of subparagraph (C) of this paragraph; and

    (E) if a stored drug or device is returned to the pharmacy from floor stock areas, a record shall be made by the authorized person returning the drug or device. The record shall contain the following information:

      (i) drug name, strength, and dosage form, or device name;

      (ii) quantity returned;

      (iii) previous floor stock location for the drug or device;

      (iv) date and time; and

      (v) signature or electronic signature of person returning the drug or device.

  (8) Policies and procedures. Written policies and procedures for a drug distribution system, appropriate for the freestanding emergency medical facility, shall be developed and implemented by the pharmacist-in-charge with the advice of the appropriate committee. The written policies and procedures for the drug distribution system shall include, but not be limited to, procedures regarding the following:

    (A) controlled substances;

    (B) investigational drugs;

    (C) prepackaging and manufacturing;

    (D) medication errors;

    (E) orders of physician or other practitioner;

    (F) floor stocks;

    (G) adverse drug reactions;

    (H) drugs brought into the facility by the patient;

    (I) self-administration;

    (J) emergency drug tray;

    (K) formulary, if applicable;

    (L) drug storage areas;

    (M) drug samples;

    (N) drug product defect reports;

    (O) drug recalls;

    (P) outdated drugs;

    (Q) preparation and distribution of IV admixtures;

    (R) procedures for supplying drugs for postoperative use, if applicable;

    (S) use of automated medication supply systems;

    (T) use of data processing systems; and

    (U) drug regimen review.

  (9) Drugs supplied for outpatient use. Drugs provided to patients for take home use shall be supplied according to the following procedures.

    (A) Drugs may only be supplied to patients who have been admitted to the FEMCF.

    (B) Drugs may only be supplied in accordance with the system of control and accountability established for drugs supplied from the FEMCF; such system shall be developed and supervised by the pharmacist-in-charge or staff pharmacist designated by the pharmacist-in-charge.

    (C) Only drugs listed on the approved outpatient drug list may be supplied; such list shall be developed by the pharmacist-in-charge and the medical staff and shall consist of drugs of the nature and type to meet the immediate postoperative needs of the FEMCF patient.

    (D) Drugs may only be supplied in prepackaged quantities not to exceed a 72-hour supply in suitable containers and appropriately prelabeled (including name, address, and phone number of the facility and necessary auxiliary labels) by the pharmacy, provided, however that topicals and ophthalmics in original manufacturer's containers may be supplied in a quantity exceeding a 72-hour supply.

    (E) At the time of delivery of the drug, the practitioner shall complete the label, such that the prescription container bears a label with at least the following information:

      (i) date supplied;

      (ii) name of practitioner;

      (iii) name of patient;

      (iv) directions for use;

      (v) brand name and strength of the drug; or if no brand name, then the generic name of the drug dispensed, strength, and the name of the manufacturer or distributor of the drug; and

      (vi) unique identification number.

    (F) After the drug has been labeled, the practitioner or a licensed nurse under the supervision of the practitioner shall give the appropriately labeled, prepackaged medication to the patient.

    (G) A perpetual record of drugs which are supplied from the FEMCF shall be maintained which includes:

      (i) name, address, and phone number of the facility;

      (ii) date supplied;

      (iii) name of practitioner;

      (iv) name of patient;

      (v) directions for use;

      (vi) brand name and strength of the drug; or if no brand name, then the generic name of the drug dispensed, strength, and the name of the manufacturer or distributor of the drug; and

      (vii) unique identification number.

    (H) The pharmacist-in-charge, or a pharmacist designated by the pharmacist-in-charge, shall review the records at least once in every calendar week that the pharmacy is open.

  (10) Drug regimen review.

    (A) A pharmacist shall evaluate medication orders and patient medication records for:

      (i) known allergies;

Cont'd...

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