Sec. 11. (a) A supervising pharmacy of a remote dispensing facility must maintain a video and audio communication system that provides for effective communication between the supervising pharmacy, the remote dispensing facility, and any consumers. The system must do the following:
(1) Provide an adequate number of views of the entire remote dispensing facility.
(2) Facilitate adequate pharmacist supervision.
(3) Allow an appropriate exchange of visual, verbal, and written communications for patient counseling and other matters concerning the lawful transaction of business.
(b) The remote dispensing facility must retain a recording of facility surveillance, excluding patient communications, for at least forty-five (45) days.
(c) A qualifying pharmacist is adequately supervising through the use of video surveillance by maintaining constant visual supervision and auditory communication with the remote dispensing facility and by maintaining full supervisory control of the automated system, if applicable. The auditory communication must be available, as needed, with the remote dispensing facility and the qualifying pharmacist.
(d) A video monitor that is being used to properly identify and communicate with consumers must meet the following requirements:
(1) Be at least twelve (12) inches wide.
(2) Be high definition.
(3) Provide both the supervising pharmacy and the remote dispensing facility with direct visual contact between the pharmacist and the consumer.
(4) Be secure and compliant with the federal Health Insurance Portability and Accountability Act (HIPAA).
(e) If any component of the communication system is not in operating order, the remote dispensing facility shall remain closed until the communication system is fully operational, unless a pharmacist is located at the remote dispensing facility.
As added by P.L.202-2017, SEC.12. Amended by P.L.246-2019, SEC.17.
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