(a) Purpose. The purpose of this section is to create a new class of pharmacy for the provision of pharmacy services by a Class A or Class C pharmacy in a location that is not at the same location as the Class A or Class C pharmacy through a satellite pharmacy and to provide standards for the operation of this class of pharmacy established under §560.053 of the Texas Pharmacy Act.
(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings as defined in the Act or in §291.31 of this title (relating to Definitions).
  (1) Provider pharmacy--The Class A or Class C pharmacy providing satellite pharmacy services.
  (2) Satellite pharmacy--A facility not located at the same location as a Class A or Class C pharmacy at which satellite pharmacy services are provided.
  (3) Satellite pharmacy services--The provision of pharmacy services, including the storage and delivery of prescription drugs, in an alternate location.
(c) General requirements.
  (1) A Class A or Class C provider pharmacy may establish a satellite pharmacy in a location that is not at the same location as the Class A or Class C pharmacy.
  (2) The pharmacist-in-charge of the provider pharmacy is responsible for all pharmacy operations involving the satellite pharmacy including supervision of satellite pharmacy personnel and compliance with this section.
  (3) A satellite pharmacy may not store bulk drugs and may only store prescription medications that have been previously verified and dispensed by the provider pharmacy.
  (4) A Class C pharmacy that is a provider pharmacy dispensing outpatient prescriptions for a satellite pharmacy shall comply with the provisions of §§291.31 - 291.34 of this title (relating to Definitions, Personnel, Operational Standards, and Records for Class A (Community) pharmacies) and this section.
  (5) The provider pharmacy and the satellite pharmacy must have:
    (A) the same owner; and
    (B) share a common electronic file or have appropriate technology to allow access to sufficient information necessary or required to process a non-dispensing function.
(d) Personnel.
  (1) All individuals working at the satellite pharmacy shall be employees of the provider pharmacy and must report their employment to the board as such.
  (2) A satellite pharmacy shall have sufficient pharmacists on duty to operate the satellite pharmacy competently, safely, and adequately to meet the needs of the patients of the pharmacy.
  (3) Pharmacists are solely responsible for the direct supervision of pharmacy technicians and pharmacy technician trainees and for designating and delegating duties, other than those listed in paragraph (7) of this subsection, to pharmacy technicians and pharmacy technician trainees. Each pharmacist:
    (A) shall verify the accuracy of all acts, tasks, and functions performed by pharmacy technicians and pharmacy technician trainees; and
    (B) shall be responsible for any delegated act performed by pharmacy technicians and pharmacy technician trainees under his or her supervision.
  (4) A pharmacist shall be physically present to directly supervise a pharmacy technician or pharmacy technician trainee who is entering prescription data into the data processing system. Each prescription entered into the data processing system shall be verified at the time of data entry.
  (5) All pharmacists, while on duty, shall be responsible for complying with all state and federal laws or rules governing the practice of pharmacy.
  (6) A pharmacist shall ensure that the drug is dispensed and delivered safely and accurately as prescribed. A pharmacist shall ensure the safety and accuracy of the portion of the process the pharmacist is performing.
  (7) Duties in a satellite pharmacy that may only be performed by a pharmacist are as follows:
    (A) receiving oral prescription drug orders for controlled substances and reducing these orders to writing, either manually or electronically;
    (B) interpreting or clarifying prescription drug orders;
    (C) communicating to the patient or patient's agent information about the prescription drug or device, which in the exercise of the pharmacist's professional judgment the pharmacist deems significant, as specified in §291.33(c) of this title;
    (D) communicating to the patient or the patient's agent on his or her request for information concerning any prescription drugs dispensed to the patient by the pharmacy;
    (E) assuring that a reasonable effort is made to obtain, record, and maintain patient medication records;
    (F) interpreting patient medication records and performing drug regimen reviews; and
    (G) performing a specific act of drug therapy management for a patient when delegated to a pharmacist by a written protocol from a physician licensed in this state in compliance with the Medical Practice Act.
  (8) Pharmacy technicians and pharmacy technician trainees may not perform any of the duties listed in paragraph (7) of this subsection. However, a pharmacist may delegate to pharmacy technicians and pharmacy technician trainees any nonjudgmental technical duty associated with the preparation and distribution of prescription drugs provided:
    (A) a pharmacist verifies the accuracy of all acts, tasks, and functions performed by pharmacy technicians and pharmacy technician trainees; and
    (B) pharmacy technicians and pharmacy technician trainees are under the direct supervision of, and responsible to, a pharmacist.
  (9) Pharmacy technicians and pharmacy technician trainees in a satellite pharmacy may perform only nonjudgmental technical duties associated with the preparation and distribution of prescription drugs as follows:
    (A) initiating and receiving refill authorization requests;
    (B) entering prescription data into a data processing system; and
    (C) reconstituting medications.
  (10) In addition to the duties listed above in paragraph (9) of this subsection, pharmacy technicians may perform the following nonjudgmental technical duties associated with the preparation and distribution of prescription drugs:
    (A) receiving oral prescription drug orders for dangerous drugs and reducing these orders to writing, either manually or electronically; and
    (B) transferring or receiving a transfer of original prescription information for a dangerous drug on behalf of a patient.
  (11) All satellite pharmacy personnel shall wear identification tags or badges that bear the person's name and identifies him or her as a pharmacist, pharmacist intern, pharmacy technician, or pharmacy technician trainee.
(e) Operational requirements.
  (1) Application for permission to provide satellite pharmacy services.
    (A) A Class A or Class C pharmacy shall make an application to the board to provide satellite pharmacy services. The application shall include the following:
      (i) the name, address, and license number of the provider pharmacy;
      (ii) the name and address of the facility where the satellite pharmacy will be located;
      (iii) the anticipated date of opening and hours of operation; and
      (iv) a copy of the lease agreement or, if the location of the satellite pharmacy is owned by the applicant, a notarized statement certifying such location ownership.
    (B) A renewal application shall be resubmitted every two years in conjunction with the application for renewal of the provider pharmacy's license. The renewal application shall contain the documentation required in subparagraph (A) of this paragraph.
    (C) Upon approval of the application, the provider pharmacy will be issued a certificate which must be displayed at the satellite pharmacy.
  (2) Notification requirements.
    (A) A provider pharmacy shall notify the board in writing within ten days of a change of location, discontinuance of service, or closure of a satellite pharmacy that is operated by the pharmacy.
    (B) A provider pharmacy shall comply with appropriate federal and state controlled substance registrations for each satellite pharmacy if controlled substances are maintained at the satellite pharmacy.
  (3) Environment.
    (A) The satellite pharmacy shall be arranged in an orderly fashion and kept clean. All required equipment shall be clean and in good operating condition.
    (B) A satellite pharmacy shall contain an area which is suitable for confidential patient counseling.
Cont'd...
(i) Such counseling area shall:
        (I) be easily accessible to both the patient and pharmacists and not allow patient access to prescription drugs; and
        (II) be designed to maintain the confidentiality and privacy of the pharmacist/patient communication.
      (ii) In determining whether the area is suitable for confidential patient counseling and designed to maintain the confidentiality and privacy of the pharmacist/patient communication, the board may consider factors such as the following:
        (I) the proximity of the counseling area to the check-out or cash register area;
        (II) the volume of pedestrian traffic in and around the counseling area;
        (III) the presence of walls or other barriers between the counseling area and other areas of the pharmacy; and
        (IV) any evidence of confidential information being overheard by persons other than the patient or patient's agent or the pharmacist or agents of the pharmacist.
    (C) The satellite pharmacy shall be properly lighted and ventilated.
    (D) The temperature of the satellite pharmacy shall be maintained within a range compatible with the proper storage of drugs in compliance with the provisions of §291.15 of this title (relating to Storage of Drugs). The temperature of the refrigerator shall be maintained within a range compatible with the proper storage of drugs requiring refrigeration.
    (E) Animals, including birds and reptiles, shall not be kept within the pharmacy and in immediately adjacent areas under the control of the pharmacy. This provision does not apply to fish in aquariums, guide dogs accompanying disabled persons, or animals for sale to the general public in a separate area that is inspected by local health jurisdictions.
  (4) Security.
    (A) A satellite pharmacy shall be under the continuous, physically present supervision of a pharmacist at all times the satellite pharmacy is open to provide pharmacy services.
    (B) The satellite pharmacy shall be enclosed by walls, partitions or other means of floor-to-ceiling enclosure. In addition to the security requirements outlined in §291.33(b)(2) of this title, satellite pharmacies shall have adequate security and procedures to:
      (i) prohibit unauthorized access;
      (ii) comply with federal and state regulations; and
      (iii) maintain patient confidentiality.
    (C) Access to the satellite pharmacy shall be limited to pharmacists, pharmacy technicians, and pharmacy technician trainees employed by the provider pharmacy and who are designated in writing by the pharmacist-in-charge.
    (D) The provider pharmacy shall have procedures that specify that prescriptions may only be delivered to the satellite pharmacy by the provider pharmacy and shall:
      (i) be delivered in a sealed container with a list of the prescriptions delivered;
      (ii) be signed for on receipt by the pharmacist at the satellite pharmacy; and
      (iii) be checked by personnel designated by the pharmacist-in-charge to verify that the prescriptions sent by the provider pharmacy were actually received. The designated person who checks the order shall document the verification by signing and dating the list of prescriptions delivered.
  (5) Prescription dispensing and delivery. A satellite pharmacy shall comply with the requirements outlined in §291.33(c) of this title with regard to prescription dispensing and delivery.
  (6) Equipment and supplies. A satellite pharmacy shall have the following equipment and supplies:
    (A) typewriter or comparable equipment;
    (B) refrigerator, if storing drugs requiring refrigeration; and
    (C) metric-apothecary weight and measure conversion charts.
  (7) Library. A reference library shall be maintained by the satellite pharmacy that includes the following in hard-copy or electronic format:
    (A) current copies of the following:
      (i) Texas Pharmacy Act and rules;
      (ii) Texas Dangerous Drug Act and rules;
      (iii) Texas Controlled Substances Act and rules; and
      (iv) Federal Controlled Substances Act and rules (or official publication describing the requirements of the Federal Controlled Substances Act and rules);
    (B) at least one current or updated reference from each of the following categories:
      (i) patient information:
        (I) United States Pharmacopeia Dispensing Information, Volume II (Advice to the Patient); or
        (II) a reference text or information leaflets which provide patient information;
      (ii) drug interactions: a reference text on drug interactions, such as Drug Interaction Facts. A separate reference is not required if other references maintained by the satellite pharmacy contain drug interaction information including information needed to determine severity or significance of the interaction and appropriate recommendations or actions to be taken;
      (iii) a general information reference text, such as:
        (I) Facts and Comparisons with current supplements;
        (II) United States Pharmacopeia Dispensing Information Volume I (Drug Information for the Healthcare Provider);
        (III) Clinical Pharmacology;
        (IV) American Hospital Formulary Service with current supplements; or
        (V) Remington's Pharmaceutical Sciences; and
    (C) basic antidote information and the telephone number of the nearest Regional Poison Control Center.
(f) Records.
  (1) Maintenance of records.
    (A) Every record required to be kept under §291.34 of this title and under this section shall be:
      (i) kept by the provider 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 to other authorized local, state, or federal law enforcement agencies; and
      (ii) supplied by the provider 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 an electronic format if specifically requested by the board or its representative. Failure to provide the records set out in this section, 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, 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 system or direct imaging system provided:
      (i) the records maintained in the alternative system contain all of the information required on the manual record; and
      (ii) the data processing 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.
    (C) Prescription drug orders shall be maintained by the provider pharmacy in the manner required by §291.34(d) or (e) of this title.
  (2) Prescriptions.
    (A) Prescription drug orders shall meet the requirements of §291.34(b) of this title.
    (B) The provider pharmacy must maintain appropriate records to identify the name(s), initials, or identification code(s) and specific activity(ies) of each pharmacist, pharmacy technician, or pharmacy technician trainee who performed any processing at the satellite pharmacy.
    (C) A provider pharmacy shall keep a record of all prescriptions sent and returned between the pharmacies separate from the records of the provider pharmacy and from any other satellite pharmacy's records.
    (D) A satellite pharmacy shall keep a record of all prescriptions received and returned between the pharmacies.

Source Note: The provisions of this §291.129 adopted to be effective September 18, 2007, 32 TexReg 6352; amended to be effective June 7, 2009, 34 TexReg 3412; amended to be effective December 6, 2018, 43 TexReg 7787; amended to be effective December 10, 2020, 45 TexReg 8865; amended to be effective December 4, 2023, 48 TexReg 7060