Texas pharmacy board adopts rules allowing drone delivery of noncontrolled prescriptions

The Texas State Board of Pharmacy on Aug. 5 adopted amendments to delivery rules that allow pharmacies to deliver prescriptions — excluding controlled substances and sterile compounded preparations — by unmanned aircraft systems when the patient and pharmacist agree on the delivery location.

Board staff said the package amends existing delivery rules to add definitions for “contract carrier,” specify nationally recognized standards for handling drugs during delivery, require pharmacies to document chain-of-custody changes, and require pharmacies to develop written policies and procedures for personnel preparing, packaging and verifying deliveries.

The rule package, presented by board staff, adds that pharmacies remain responsible for problems in delivery performed by contract carriers, requires commercially available tamper-evident packaging, and says drugs delivered by unmanned aircraft systems must be packaged to maintain an appropriate temperature range "which may include, without limitation, use of temperature tags, time-temperature strips, insulated packaging, gel ice packs, or a combination of these as necessary." Board staff said the unmanned aircraft systems must maintain federal registration and comply with state and federal laws and rules.

The board received written and in-person support from health systems and delivery companies. Benita (last name not specified), who said she oversees pharmacy services at Memorial Hermann Health System in Houston, and Freddie Warner, the system’s chief government relations officer, told the board they had worked with staff to develop the rules and appreciated the board’s engagement. Kaval Patel of Zipline International told the board Zipline supports the durable rules package and said the company plans to operate in Dallas–Fort Worth and Houston and is looking for opportunities in rural areas and “medication deserts.” The board also logged supportive comments from Rob Geddes, PharmD, with CVS Health and from a Walgreens pharmacist, Janu Philip, RPH.

Board members discussed the level of detail in the rules. One member urged restraint so the rules did not become overly prescriptive, and staff clarified that examples listed for temperature-control methods were illustrative and not mandatory methods. Another member asked whether drone temperature requirements differed from existing overnight carriers; staff said the drone language mirrors temperature language previously adopted for other delivery methods.

After discussion the board voted to adopt the delivery amendments. The board chair announced the motion carried.

Why it matters: The rules create a regulatory framework for pharmacies and carriers to use unmanned aircraft systems for prescription delivery while assigning delivery responsibility to pharmacies and requiring written policies and chain-of-custody documentation. Supporters said the change could expand access in metropolitan and rural areas; board members flagged the need to avoid duplicative or overly prescriptive detail.

Board action: The board adopted amendments identified in agenda items c.1.2.0.1 and c.1.2.0.2 concerning prescription delivery and unmanned aircraft systems. The board recorded written support from Memorial Hermann Health System, Zipline International, Rob Geddes, PharmD (CVS Health), and a comment from Janu Philip, RPH (Walgreens).