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TITLE 22EXAMINING BOARDS
PART 15TEXAS STATE BOARD OF PHARMACY
CHAPTER 291PHARMACIES
SUBCHAPTER DINSTITUTIONAL PHARMACY (CLASS C)
RULE §291.74Operational Standards

      (i) Prescription drugs and devices only in sufficient quantities for immediate therapeutic needs may be removed from the institutional 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 patient;

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

        (III) dose prescribed;

        (IV) quantity taken;

        (V) time and date; and

        (VI) signature (first initial and last name or full signature) or electronic signature of person making withdrawal;

      (iv) The original or direct copy of the medication order may substitute for such record, providing the medication order meets all the requirements of clause (iii) of this subparagraph; and

      (v) The pharmacist shall verify the withdrawal of drugs from the pharmacy and perform a drug regimen review as specified in subsection (g)(1)(B) of this section as soon as practical, but in no event more than 72 hours from the time of such withdrawal.

    (B) In facilities with a part-time or consultant pharmacist, if a practitioner orders a drug for administration to a bona fide patient of the facility 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 institutional 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 meet the same requirements as specified in subparagraph (A)(iii) and (iv) of this paragraph;

      (iv) The pharmacist shall verify the withdrawal of drugs from the pharmacy after a reasonable interval, but in no event may such interval exceed seven days; and

      (v) The pharmacist shall perform a drug regimen review as specified in subsection (g)(1)(B) of this section as follows:

        (I) If the facility has an average daily inpatient census of ten or less, the pharmacist shall perform the drug review after a reasonable interval, but in no event may such interval exceed seven (7) days; or

        (II) If the facility has an average inpatient daily census above ten, the pharmacist shall perform the drug review after a reasonable interval, but in no event may such interval exceed 96 hours.

      (vi) The average daily inpatient census shall be calculated by hospitals annually immediately following the submission of the hospital's Medicare Cost Report and the number used for purposes of subparagraph (B)(v)(I) and (II) of this paragraph shall be the average of the inpatient daily census in the report and the previous two reports for a three year period.

  (2) Floor stock. In facilities using a floor stock method of drug distribution, the following is applicable:

    (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; 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 (first initial and last name or full signature) or electronic signature of person making the withdrawal.

    (D) The pharmacist shall verify the withdrawal of drugs from the pharmacy after a reasonable interval, but in no event may such interval exceed seven days.

  (3) Rural hospitals. In rural hospitals when a pharmacy technician performs the duties listed in §291.73(e)(2)(D) of this title, the following is applicable:

    (A) the pharmacy technician shall make a record of all drugs distributed from the pharmacy. The record shall be maintained in the pharmacy for two years and contain the following information:

      (i) name of patient or location where floor stock is distributed;

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

      (iii) dose prescribed or ordered;

      (iv) quantity distributed;

      (v) time and date of the distribution; and

      (vi) signature (first initial and last name or full signature) or electronic signature of nurse or practitioner that verified the actions of the pharmacy technician.

    (B) The original or direct copy of the medication order may substitute for the record specified in subparagraph (A) of this paragraph, provided the medication order meets all the requirements of subparagraph (A) of this paragraph.

    (C) The pharmacist shall:

      (i) verify and document the verification of all distributions made from the pharmacy in the absence of a pharmacist as soon as practical, but in no event more than seven (7) days from the time of such distribution;

      (ii) perform a drug regimen review for all medication orders as specified in subsection (g)(1)(B) of this section and document such verification including any discrepancies noted by the pharmacist as follows:

        (I) If the facility has an average daily inpatient census of ten or less, the pharmacist shall perform the drug review as soon as practical, but in no event more than seven (7) days from the time of such distribution; or

        (II) If the facility has an average daily inpatient census above ten, the pharmacist shall perform the drug review after a reasonable interval, but in no event may such interval exceed 96 hours;

      (iii) review any discrepancy noted by the pharmacist with the pharmacy technician(s) and make any change in procedures or processes necessary to prevent future problems; and

      (iv) report any adverse events that have a potential for harm to a patient to the appropriate committee of the hospital that reviews adverse events.

    (D) The average daily inpatient census shall be calculated by hospitals annually immediately following the submission of the hospital's Medicare Cost Report and the number used for purposes of subparagraph (C)(ii)(I) and (II) of this paragraph shall be the average of the inpatient daily census in the report and the previous two reports for a three year period.

(f) Drugs.

  (1) Procurement, preparation and storage.

    (A) The pharmacist-in-charge shall have the responsibility for the procurement and storage of drugs, but may receive input from other appropriate staff of the facility, relative to such responsibility.

    (B) The pharmacist-in-charge shall have the responsibility for determining specifications of all drugs procured by the facility.

    (C) Institutional 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).

    (D) 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).

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

    (F) Outdated and other unusable drugs shall be removed from stock and shall be quarantined together until such drugs are disposed of properly.

  (2) Formulary.

    (A) A formulary shall be developed by the facility committee performing the pharmacy and therapeutics function for the facility. For the purpose of this section, a formulary is a compilation of pharmaceuticals that reflects the current clinical judgment of a facility's medical staff.

    (B) The pharmacist-in-charge or pharmacist designated by the pharmacist-in-charge shall be a full voting member of the committee performing the pharmacy and therapeutics function for the facility, when such committee is performing the pharmacy and therapeutics function.

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

      (i) the pharmacy and therapeutics committee has developed a formulary;

      (ii) the formulary has been approved by the medical staff committee of the facility;

Cont'd...

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