By Jerri Lynn Ward, J.D., Garlo Ward, P.C.
Posted July 8, 2002
Clarification: The deadline for enforcment of the new rules for nursing facilities and ICF-MRs has been extended to September 1, 2002 due to the large volume of applications received by the Department of Pharmacy.
As of May 1, 2002 for nursing facilities and July 1, 2002 for ICF-MRs, the new DHS rules concerning emergency medication kits in nursing facilities and ICF-MRs comply with the Texas State Board of Pharmacy (TSBP) rules.
The biggest changes resulting from the required compliance with TSBP rules is that:
- emergency medication kits are to be issued by a pharmacy as an extension of that pharmacy’s license,
- all emergency medication kits in nursing facilities and ICFs-MR will be required to have a permit from the TSBP, and
- nursing facilities and ICFs-MR must have contracts with the pharmacies which provide their emergency medication kits.
The changes come under an amendment to rule 19.1510 and new 90.324 of the TAC.
Nursing facilities and ICFs are allowed to keep emergency medication kits that contain small doses of commonly prescribed drugs, such as antibiotics, narcotics, anti-anxiolitics, and anti-convulsants, for residents who may need them with little notice to obtain them from a pharmacy. These medication kits allow facilities to better serve their residents by reducing the time it takes to get medications in emergency situations.
Requirements for Keeping Emergency Medication Kits
- Facilities must have contracts with the pharmacy that provides the emergency medication kit.
- The contract must outline the services to be provided by the pharmacy and the responsibilities and accountabilities of each party in fulfilling the terms of the contract.
- The contract must be in compliance with federal and state laws and regulations.
Administrator Responsibilities in Obtaining Emergency Medication Kits
Administrators will need to contact a pharmacy, most probably their principle provider pharmacy, and arrange to comply with the new requirements.
Pharmacy Responsibilities in Providing Emergency Medication Kits
- The pharmacy must submit an application to TSBP for a permit to provide an emergency medication kit for each facility.
- Applications may be obtained from TSBP’s office by contacting Melinda Uballe at (512) 305-8022 or may be printed from the Latest News and Updates section of the TSBP web site: www.tsbp.state.tx.us/.
- To minimize delays, applications should be submitted early
- The application process is free of charge
- When the application is approved, a permit will be issued and the pharmacy will take responsibility for the emergency medication kits.
Time Line for Compliance
Facilities with emergency medication kits need to promptly arrange with a pharmacy to file an application with TSBP to supply the kits. To allow for a smooth transition, DHS and TSBP have developed the following time line for compliance.
March 15, 2002 – TSBP Begins Application Process.
May 1, 2002 – DHS Nursing Facility Rules Effective.
June 1, 2002 – Deadline for Submitting Applications for Existing Emergency Kits to TSBP.
July 1, 2002 – Deadline for enforcement extended to September 1, 2002 ICF Rules Become Effective; Enforcement of New Requirements Begins.
Again, please note that the new rules will not be enforced until September 1, 2002.
Questions regarding the changes can be directed to the program specialist for nursing facilities, Marcia Bowen, R.N. at (512) 438-3529 or the program specialist for ICF/MR, Rose Rossman, MSSW, at (512) 438-3750. Pharmacies with questions about emergency medication kits can contact the Compliance Division, Texas State Board of Pharmacy, at (512) 305-8000.
All information in this article is informational only and is not legal advice. Should you have any questions or a situation requiring advice, please contact an attorney.
Copyright 2004 by Garlo Ward, P.C., all rights reserved
Austin, Texas 78752-3714 USA
Telephone: 512-302-1103
Facsimilie: 512-302-3256
Email: Info@Garloward.com