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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)

      (iii) FEMCF pharmacies may not sell, purchase, trade, or possess prescription drug samples, unless the pharmacy meets the requirements as specified in §291.16 of this title (relating to Samples).

      (iv) All drugs shall be stored at the proper temperatures, as defined in the USP/NF and in §291.15 of this title (relating to Storage of Drugs).

      (v) Any drug bearing an expiration date may not be dispensed or distributed beyond the expiration date of the drug.

      (vi) Outdated drugs shall be removed from dispensing stock and shall be quarantined together until such drugs are disposed of.

    (B) Formulary.

      (i) A formulary may be developed by an appropriate committee of the FEMCF.

      (ii) The pharmacist-in-charge, consultant pharmacist, or designee shall be a full voting member of any committee which involves pharmaceutical services.

      (iii) A practitioner may grant approval for pharmacists at the FEMCF to interchange, in accordance with the facility's formulary, for the drugs on the practitioner's medication orders provided:

        (I) a formulary has been developed;

        (II) the formulary has been approved by the medical staff of the FEMCF;

        (III) there is a reasonable method for the practitioner to override any interchange; and

        (IV) the practitioner authorizes a pharmacist in the FEMCF to interchange on his/her medication orders in accordance with the facility's formulary through his/her written agreement to abide by the policies and procedures of the medical staff and facility.

    (C) Prepackaging and loading drugs into automated medication supply system.

      (i) Prepackaging of drugs.

        (I) Drugs may be prepackaged in quantities suitable for internal distribution only by a pharmacist or by pharmacy technicians or pharmacy technician trainees under the direction and direct supervision of a pharmacist.

        (II) The label of a prepackaged unit shall indicate:

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

          (-b-) facility's lot number;

          (-c-) expiration date; and

          (-d-) quantity of the drug, if quantity is greater than one.

        (III) Records of prepackaging shall be maintained to show:

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

          (-b-) facility's lot number;

          (-c-) manufacturer or distributor;

          (-d-) manufacturer's lot number;

          (-e-) expiration date;

          (-f-) quantity per prepackaged unit;

          (-g-) number of prepackaged units;

          (-h-) date packaged;

          (-i-) name, initials, or electronic signature of the prepacker; and

          (-j-) signature or electronic signature of the responsible pharmacist.

        (IV) Stock packages, repackaged units, and control records shall be quarantined together until checked/released by the pharmacist.

      (ii) Loading bulk unit of use drugs into automated medication supply systems. Automated medication supply systems may be loaded with bulk unit of use drugs only by a pharmacist, by pharmacy technicians or pharmacy technician trainees under the direction and direct supervision of a pharmacist, or by a licensed nurse who is authorized by the pharmacist to perform the loading of the automated medication supply system. For the purpose of this clause, direct supervision may be accomplished by physically present supervision or electronic monitoring by a pharmacist. In order for the pharmacist to electronically monitor, the medication supply system must allow for bar code scanning to verify the loading of drugs, and a record of the loading must be maintained by the system and accessible for electronic review by the pharmacist.

  (6) Medication orders.

    (A) Drugs may be administered to patients in FEMCFs only on the order of a practitioner. No change in the order for drugs may be made without the approval of a practitioner except as authorized by the practitioner in compliance with paragraph (5)(B) of this subsection.

    (B) Drugs may be distributed only pursuant to the copy of the practitioner's medication order.

    (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

Cont'd...

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