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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)

(a) Purpose. The purpose of this section is to provide standards in the conduct, practice activities, and operation of a pharmacy located in a freestanding emergency medical care facility that is licensed by the Texas Department of State Health Services or in a freestanding emergency medical care facility operated by a hospital that is exempt from registration as provided by §254.052, Health and Safety Code. Class F pharmacies located in a freestanding emergency medical care facility shall comply with this section.

(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Act--The Texas Pharmacy Act, Occupations Code, Subtitle J, as amended.

  (2) Administer--The direct application of a prescription drug by injection, inhalation, ingestion, or any other means to the body of a patient by:

    (A) a practitioner, an authorized agent under his supervision, or other person authorized by law; or

    (B) the patient at the direction of a practitioner.

  (3) Automated medication supply system--A mechanical system that performs operations or activities relative to the storage and distribution of medications for administration and which collects, controls, and maintains all transaction information.

  (4) Board--The Texas State Board of Pharmacy.

  (5) Consultant pharmacist--A pharmacist retained by a facility on a routine basis to consult with the FEMCF in areas that pertain to the practice of pharmacy.

  (6) Controlled substance--A drug, immediate precursor, or other substance listed in Schedules I - V or Penalty Groups 1 - 4 of the Texas Controlled Substances Act, as amended, or a drug immediate precursor, or other substance included in Schedules I - V of the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended (Public Law 91-513).

  (7) Dispense--Preparing, packaging, compounding, or labeling for delivery a prescription drug or device in the course of professional practice to an ultimate user or his agent by or pursuant to the lawful order of a practitioner.

  (8) Distribute--The delivery of a prescription drug or device other than by administering or dispensing.

  (9) Downtime--Period of time during which a data processing system is not operable.

  (10) Electronic signature--A unique security code or other identifier which specifically identifies the person entering information into a data processing system. A facility which utilizes electronic signatures must:

    (A) maintain a permanent list of the unique security codes assigned to persons authorized to use the data processing system; and

    (B) have an ongoing security program which is capable of identifying misuse and/or unauthorized use of electronic signatures.

  (11) Floor stock--Prescription drugs or devices not labeled for a specific patient and maintained at a nursing station or other FEMCF department (excluding the pharmacy) for the purpose of administration to a patient of the FEMCF.

  (12) Formulary--List of drugs approved for use in the FEMCF by an appropriate committee of the FEMCF.

  (13) Freestanding emergency medical care facility (FEMCF)--A freestanding facility that is licensed by the Texas Department of State Health Services pursuant to Chapter 254, Health and Safety Code, to provide emergency care to patients.

  (14) Hard copy--A physical document that is readable without the use of a special device (i.e., data processing system, computer, etc.).

  (15) Investigational new drug--New drug intended for investigational use by experts qualified to evaluate the safety and effectiveness of the drug as authorized by the federal Food and Drug Administration.

  (16) Medication order--An order from a practitioner or his authorized agent for administration of a drug or device.

  (17) Pharmacist-in-charge--Pharmacist designated on a pharmacy license as the pharmacist who has the authority or responsibility for a pharmacy's compliance with laws and rules pertaining to the practice of pharmacy.

  (18) Pharmacy--Area or areas in a facility, separate from patient care areas, where drugs are stored, bulk compounded, delivered, compounded, dispensed, and/or distributed to other areas or departments of the FEMCF, or dispensed to an ultimate user or his or her agent.

  (19) Prescription drug--

    (A) A substance for which federal or state law requires a prescription before it may be legally dispensed to the public;

    (B) A drug or device that under federal law is required, prior to being dispensed or delivered, to be labeled with either of the following statements:

      (i) Caution: federal law prohibits dispensing without prescription or "Rx only" or another legend that complies with federal law; or

      (ii) Caution: federal law restricts this drug to use by or on order of a licensed veterinarian; or

    (C) A drug or device that is required by any applicable federal or state law or regulation to be dispensed on prescription only or is restricted to use by a practitioner only.

  (20) Prescription drug order--

    (A) An order from a practitioner or his authorized agent to a pharmacist for a drug or device to be dispensed; or

    (B) An order pursuant to Subtitle B, Chapter 157, Occupations Code.

  (21) Full-time pharmacist--A pharmacist who works in a pharmacy from 30 to 40 hours per week or if the pharmacy is open less than 60 hours per week, one-half of the time the pharmacy is open.

  (22) Part-time pharmacist--A pharmacist who works less than full-time.

  (23) Pharmacy technician--An individual who is registered with the board as a pharmacy technician and whose responsibility in a pharmacy is to provide technical services that do not require professional judgment regarding preparing and distributing drugs and who works under the direct supervision of and is responsible to a pharmacist.

  (24) Pharmacy technician trainee--An individual who is registered with the board as a pharmacy technician trainee and is authorized to participate in a pharmacy's technician training program.

  (25) Texas Controlled Substances Act--The Texas Controlled Substances Act, Health and Safety Code, Chapter 481, as amended.

(c) Personnel.

  (1) Pharmacist-in-charge.

    (A) General. Each FEMCF shall have one pharmacist-in-charge who is employed or under contract, at least on a consulting or part-time basis, but may be employed on a full-time basis.

    (B) Responsibilities. The pharmacist-in-charge shall have the responsibility for, at a minimum, the following:

      (i) establishing specifications for procurement and storage of all materials, including drugs, chemicals, and biologicals;

      (ii) participating in the development of a formulary for the FEMCF, subject to approval of the appropriate committee of the FEMCF;

      (iii) distributing drugs to be administered to patients pursuant to the practitioner's medication order;

      (iv) filling and labeling all containers from which drugs are to be distributed or dispensed;

      (v) maintaining and making available a sufficient inventory of antidotes and other emergency drugs, both in the pharmacy and patient care areas, as well as current antidote information, telephone numbers of regional poison control center and other emergency assistance organizations, and such other materials and information as may be deemed necessary by the appropriate committee of the FEMCF;

      (vi) maintaining records of all transactions of the FEMCF pharmacy as may be required by applicable state and federal law, and as may be necessary to maintain accurate control over and accountability for all pharmaceutical materials;

      (vii) participating in those aspects of the FEMCF's patient care evaluation program which relate to pharmaceutical material utilization and effectiveness;

      (viii) participating in teaching and/or research programs in the FEMCF;

      (ix) implementing the policies and decisions of the appropriate committee(s) relating to pharmaceutical services of the FEMCF;

      (x) providing effective and efficient messenger and delivery service to connect the FEMCF pharmacy with appropriate areas of the FEMCF on a regular basis throughout the normal workday of the FEMCF;

      (xi) labeling, storing, and distributing investigational new drugs, including maintaining information in the pharmacy and nursing station where such drugs are being administered, concerning the dosage form, route of administration, strength, actions, uses, side effects, adverse effects, interactions, and symptoms of toxicity of investigational new drugs;

Cont'd...

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