Texas pharmacy board adopts rules allowing drug deliveries by drone with temperature, packaging and record requirements

The Texas State Board of Pharmacy on Aug. 5 adopted amendments that allow pharmacies to deliver prescription drugs by unmanned aircraft systems, provided the shipment excludes controlled substances and sterile compounded preparations and complies with specified standards. The rules require pharmacies to use common or contract carriers that maintain appropriate federal registration, ensure packaging that protects product integrity, document chain-of-custody steps, confirm a patient or patient agent is present at the selected delivery location and require the pharmacist-in-charge to develop written policies for the service. Board staff described the package as adding a definition of contract carrier, making pharmacies responsible for delivery problems by contract carriers, and applying existing standards — for example, United States Pharmacopeia and manufacturer requirements — to drone deliveries. The rules also require tamper-evident packaging, temperature-control measures such as temperature tags or insulated packaging when necessary, and written procedures covering training, packaging, verification of recipient and address, confidentiality, secure transfer and recordkeeping. Memorial Hermann Health System representatives Benita (overseeing pharmacy services) and Freddie Warner (chief government relations officer) told the board they appreciated staff engagement and supported the rule set. Kaval Patel of Zipline International said Zipline supports the rules and plans deployments in Dallas–Fort Worth and Houston and is “looking for opportunities to support rural Texas and food deserts and medication deserts throughout the state.” The board also received supportive comments from Zipline International, Memorial Hermann, Rob Geddes, PharmD (CVS Health), and a Walgreens pharmacist (Janu Philip, RPh), the latter asking to remove temperature-control requirements for unmanned deliveries. Board members asked clarifying questions about whether the temperature examples were mandatory and whether drone requirements would be more restrictive than existing overnight couriers. Staff said the rule obligates pharmacies to maintain an appropriate temperature range but that the listed items (temperature tags, gel packs, insulated packaging) are examples to achieve that requirement and mirror requirements for regular deliveries. After discussion the board voted to adopt the delivery rules. The motion to adopt was made and seconded; the board recorded the motion as carried. The board’s adopted rules now require pharmacies to ensure any unmanned aircraft systems used for delivery meet federal registration and legal requirements, place responsibility on pharmacies for delivery problems by contract carriers, require tamper-evident packaging and recordkeeping, and require written pharmacy policies governing drone deliveries. The board recorded supportive public comments from major hospital systems and delivery vendors during the rulemaking period. Looking ahead, staff and commenters said they expect deployments first in the Dallas–Fort Worth and Houston metropolitan areas and that vendors are exploring rural service later.