Bill Text: TX HB2767 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the sharing of controlled substance prescription monitoring information between the Texas State Board of Pharmacy and the Health and Human Services Commission for the state Medicaid program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-09 - Referred to Health & Human Services [HB2767 Detail]
Download: Texas-2023-HB2767-Engrossed.html
| 88R7685 JSC-F | ||
| By: Klick | H.B. No. 2767 | |
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| relating to the sharing of controlled substance prescription | ||
| monitoring information between the Texas State Board of Pharmacy | ||
| and the Health and Human Services Commission for the state Medicaid | ||
| program. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 481.076, Health and Safety Code, is | ||
| amended by amending Subsections (a), (d), and (k) and adding | ||
| Subsections (a-3) and (l) to read as follows: | ||
| (a) The board may not permit any person to have access to | ||
| information submitted to the board under Section 481.074(q) or | ||
| 481.075 except: | ||
| (1) the board, the Texas Medical Board, the Texas | ||
| Department of Licensing and Regulation, with respect to the | ||
| regulation of podiatrists, the State Board of Dental Examiners, the | ||
| State Board of Veterinary Medical Examiners, the Texas Board of | ||
| Nursing, or the Texas Optometry Board for the purpose of: | ||
| (A) investigating a specific license holder; or | ||
| (B) monitoring for potentially harmful | ||
| prescribing or dispensing patterns or practices under Section | ||
| 481.0762; | ||
| (2) an authorized employee of the board engaged in the | ||
| administration, investigation, or enforcement of this chapter or | ||
| another law governing illicit drugs in this state or another state; | ||
| (3) the department or other law enforcement or | ||
| prosecutorial official engaged in the administration, | ||
| investigation, or enforcement of this chapter or another law | ||
| governing illicit drugs in this state or another state, if the board | ||
| is provided a warrant, subpoena, or other court order compelling | ||
| the disclosure; | ||
| (4) a medical examiner conducting an investigation; | ||
| (5) provided that accessing the information is | ||
| authorized under the Health Insurance Portability and | ||
| Accountability Act of 1996 (Pub. L. No. 104-191) and regulations | ||
| adopted under that Act: | ||
| (A) a pharmacist or a pharmacist-intern, | ||
| pharmacy technician, or pharmacy technician trainee, as defined by | ||
| Section 551.003, Occupations Code, acting at the direction of a | ||
| pharmacist, who is inquiring about a recent Schedule II, III, IV, or | ||
| V prescription history of a particular patient of the pharmacist; | ||
| or | ||
| (B) a practitioner who: | ||
| (i) is a physician, dentist, veterinarian, | ||
| podiatrist, optometrist, or advanced practice nurse or is a | ||
| physician assistant described by Section 481.002(39)(D) or an | ||
| employee or other agent of a practitioner acting at the direction of | ||
| a practitioner; and | ||
| (ii) is inquiring about a recent Schedule | ||
| II, III, IV, or V prescription history of a particular patient of | ||
| the practitioner; | ||
| (6) a pharmacist or practitioner who is inquiring | ||
| about the person's own dispensing or prescribing activity or a | ||
| practitioner who is inquiring about the prescribing activity of an | ||
| individual to whom the practitioner has delegated prescribing | ||
| authority; | ||
| (7) one or more states or an association of states with | ||
| which the board has an interoperability agreement, as provided by | ||
| Subsection (j); | ||
| (8) a health care facility certified by the federal | ||
| Centers for Medicare and Medicaid Services; [ |
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| (9) the patient, the patient's parent or legal | ||
| guardian, if the patient is a minor, or the patient's legal | ||
| guardian, if the patient is an incapacitated person, as defined by | ||
| Section 1002.017(2), Estates Code, inquiring about the patient's | ||
| prescription record, including persons who have accessed that | ||
| record; or | ||
| (10) the Health and Human Services Commission or the | ||
| commission's designee for the purpose of meeting the standards | ||
| required by 42 U.S.C. Section 1396w-3a for a qualified prescription | ||
| drug monitoring program. | ||
| (a-3) A person authorized to receive information under | ||
| Subsection (a)(10) may only access information necessary to comply | ||
| with 42 U.S.C. Section 1396w-3a for the purpose of administering | ||
| the medical assistance program under Chapter 32, Human Resources | ||
| Code. | ||
| (d) Information submitted to the board under this section | ||
| may be used only for: | ||
| (1) the administration, investigation, or enforcement | ||
| of this chapter or another law governing illicit drugs in this state | ||
| or another state; | ||
| (2) investigatory, evidentiary, or monitoring | ||
| purposes in connection with the functions of an agency listed in | ||
| Subsection (a)(1); | ||
| (3) the prescribing and dispensing of controlled | ||
| substances by a person listed in Subsection (a)(5); [ |
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| (4) dissemination by the board to the public in the | ||
| form of a statistical tabulation or report if all information | ||
| reasonably likely to reveal the identity of each patient, | ||
| practitioner, or other person who is a subject of the information | ||
| has been removed; or | ||
| (5) the administration of the medical assistance | ||
| program under Chapter 32, Human Resources Code. | ||
| (k) A person authorized to access information under | ||
| Subsection (a)(4), [ |
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| board for electronic access to the information is entitled to | ||
| directly access the information available from other states | ||
| pursuant to an interoperability agreement described by Subsection | ||
| (j). | ||
| (l) The board shall enter into and maintain a data-sharing | ||
| agreement with the Health and Human Services Commission for the | ||
| purpose of complying with 42 U.S.C. Section 1396w-3a(b). The | ||
| agreement must include a provision requiring the board and the | ||
| commission to timely share information to allow the commission | ||
| sufficient time to prepare and submit the annual report to the | ||
| United States Secretary of Health and Human Services described by | ||
| 42 U.S.C. Section 1396w-3a(e). | ||
| SECTION 2. The Texas State Board of Pharmacy and the Health | ||
| and Human Services Commission shall enter into the data-sharing | ||
| agreement described by Section 481.076(l), Health and Safety Code, | ||
| as added by this Act, not later than January 1, 2024. | ||
| SECTION 3. If before implementing any provision of this Act | ||
| a state agency determines that a waiver or authorization from a | ||
| federal agency is necessary for implementation of that provision, | ||
| the agency affected by the provision shall request the waiver or | ||
| authorization and may delay implementing that provision until the | ||
| waiver or authorization is granted. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2023. | ||
