Bill Text: TX HB2767 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.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. |