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TITLE 22EXAMINING BOARDS
PART 15TEXAS STATE BOARD OF PHARMACY
CHAPTER 291PHARMACIES
SUBCHAPTER DINSTITUTIONAL PHARMACY (CLASS C)
RULE §291.76Class C Pharmacies Located in a Freestanding Ambulatory Surgical Center

    (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 ASC 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;

      (ii) rational therapy--contraindications;

      (iii) reasonable dose and route of administration;

      (iv) reasonable directions for use;

      (v) duplication of therapy;

      (vi) drug-drug interactions;

      (vii) drug-food interactions;

      (viii) drug-disease interactions;

      (ix) adverse drug reactions;

      (x) proper utilization, including overutilization or underutilization; and

      (xi) clinical laboratory or clinical monitoring methods to monitor and evaluate drug effectiveness, side effects, toxicity, or adverse effects, and appropriateness to continued use of the drug in its current regimen.

    (B) A retrospective, random drug regimen review as specified in the pharmacy's policies and procedures shall be conducted on a periodic basis to verify proper usage of drugs not to exceed 31 days between such reviews.

    (C) Any questions regarding the order must be resolved with the prescriber and a written notation of these discussions made and maintained.

(e) Records.

  (1) Maintenance of records.

    (A) Every inventory or other record required to be kept under the provisions of this section (relating to Class C Pharmacies Located in a Freestanding Ambulatory Surgical Center) shall be:

      (i) kept by the pharmacy and be available, for at least two years from the date of such inventory or record, for inspecting and copying by the board or its representative, and other authorized local, state, or federal law enforcement agencies; and

      (ii) supplied by the pharmacy within 72 hours, if requested by an authorized agent of the board. If the pharmacy maintains the records in an electronic format, the requested records must be provided in a mutually agreeable electronic format if specifically requested by the board or its representative. Failure to provide the records set out in this subsection, either on site or within 72 hours, constitutes prima facie evidence of failure to keep and maintain records in violation of the Act.

    (B) Records of controlled substances listed in Schedule II shall be maintained separately and readily retrievable from all other records of the pharmacy.

    (C) Records of controlled substances listed in Schedules III - V shall be maintained separately or readily retrievable from all other records of the pharmacy. For purposes of this subparagraph, "readily retrievable" means that the controlled substances shall be asterisked, redlined, or in some other manner readily identifiable apart from all other items appearing on the record.

    (D) Records, except when specifically required to be maintained in original or hard copy form, may be maintained in an alternative data retention system, such as a data processing or direct imaging system provided:

      (i) the records in the alternative data retention system contain all of the information required on the manual record; and

      (ii) the alternative data retention system is capable of producing a hard copy of the record upon the request of the board, its representative, or other authorized local, state, or federal law enforcement or regulatory agencies.

    (E) Controlled substance records shall be maintained in a manner to establish receipt and distribution of all controlled substances.

    (F) An ASC pharmacy shall maintain a perpetual inventory of controlled substances listed in Schedules II - V which shall be verified by a pharmacist for completeness and reconciled at least once in every calendar week that the pharmacy is open.

    (G) Distribution records for controlled substances, listed in Schedules II - V, shall include the following information:

      (i) patient's name;

      (ii) practitioner's name who ordered the drug;

      (iii) name of drug, dosage form, and strength;

      (iv) time and date of administration to patient and quantity administered;

      (v) signature or electronic signature of individual administering the controlled substance;

      (vi) returns to the pharmacy; and

      (vii) waste (waste is required to be witnessed and cosigned, manually or electronically, by another individual).

    (H) The record required by subparagraph (G) of this paragraph shall be maintained separately from patient records.

    (I) A pharmacist shall conduct an audit by randomly comparing the distribution records required by subparagraph (G) with the medication orders in the patient record on a periodic basis to verify proper administration of drugs not to exceed 30 days between such reviews.

  (2) Patient records.

    (A) Each medication order or set of orders issued together shall bear the following information:

      (i) patient name;

      (ii) drug name, strength, and dosage form;

      (iii) directions for use;

      (iv) date; and

      (v) signature or electronic signature of the practitioner or that of his or her authorized agent, defined as an employee or consultant/full or part-time pharmacist of the ASC.

    (B) Medication orders shall be maintained with the medication administration record in the medical records of the patient.

  (3) General requirements for records maintained in a data processing system.

    (A) If an ASC pharmacy's data processing system is not in compliance with the board's requirements, the pharmacy must maintain a manual recordkeeping system.

    (B) The facility shall maintain a backup copy of information stored in the data processing system using disk, tape, or other electronic backup system and update this backup copy on a regular basis to assure that data is not lost due to system failure.

    (C) A pharmacy that changes or discontinues use of a data processing system must:

      (i) transfer the records to the new data processing system; or

      (ii) purge the records to a printout which contains:

        (I) all of the information required on the original document; or

        (II) for records of distribution and return for all controlled substances, the same information as required on the audit trail printout as specified in subparagraph (F) of this paragraph. The information on the printout shall be sorted and printed by drug name and list all distributions and returns chronologically.

    (D) Information purged from a data processing system must be maintained by the pharmacy for two years from the date of initial entry into the data processing system.

    (E) The pharmacist-in-charge shall report to the board in writing any significant loss of information from the data processing system within 10 days of discovery of the loss.

Cont'd...

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