Bill Text: TX HB2087 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to Schedule II controlled substance prescriptions under the Texas Controlled Substances Act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-06 - Referred to Public Health [HB2087 Detail]
Download: Texas-2019-HB2087-Introduced.html
86R9520 JSC-D | ||
By: Dean | H.B. No. 2087 |
|
||
|
||
relating to Schedule II controlled substance prescriptions under | ||
the Texas Controlled Substances Act. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 481.003(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The director may adopt rules to administer and enforce | ||
this chapter, other than Sections 481.073, 481.074, 481.075, | ||
481.0755, 481.076, 481.0761, 481.0762, 481.0763, 481.0764, | ||
481.0765, and 481.0766. The board may adopt rules to administer | ||
Sections 481.073, 481.074, 481.075, 481.0755, 481.076, 481.0761, | ||
481.0762, 481.0763, 481.0764, 481.0765, and 481.0766. | ||
SECTION 2. Subchapter C, Chapter 481, Health and Safety | ||
Code, is amended by adding Section 481.0755 to read as follows: | ||
Sec. 481.0755. WRITTEN, ORAL, AND TELEPHONICALLY | ||
COMMUNICATED PRESCRIPTIONS FOR SCHEDULE II CONTROLLED SUBSTANCES. | ||
(a) Notwithstanding any other provision of this subchapter, a | ||
person prescribing or dispensing a Schedule II controlled substance | ||
must use the electronic prescription record and may not use a | ||
written, oral, or telephonically communicated prescription. | ||
(b) A prescriber may issue a written, oral, or | ||
telephonically communicated prescription for a Schedule II | ||
controlled substance as authorized under this subchapter only if | ||
the prescription is issued in an emergency, as defined by board | ||
rule. | ||
(c) A written, oral, or telephonically communicated | ||
prescription must comply with the applicable requirements | ||
prescribed by Sections 481.074 and 481.075. | ||
SECTION 3. Section 481.128(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A registrant or dispenser commits an offense if the | ||
registrant or dispenser knowingly: | ||
(1) distributes, delivers, administers, or dispenses | ||
a controlled substance in violation of Sections 481.070-481.0755 | ||
[ |
||
(2) manufactures a controlled substance not | ||
authorized by the person's Federal Drug Enforcement Administration | ||
registration or distributes or dispenses a controlled substance not | ||
authorized by the person's registration to another registrant or | ||
other person; | ||
(3) refuses or fails to make, keep, or furnish a | ||
record, report, notification, order form, statement, invoice, or | ||
information required by this chapter; | ||
(4) prints, manufactures, possesses, or produces an | ||
official prescription form without the approval of the board; | ||
(5) delivers or possesses a counterfeit official | ||
prescription form; | ||
(6) refuses an entry into a premise for an inspection | ||
authorized by this chapter; | ||
(7) refuses or fails to return an official | ||
prescription form as required by Section 481.075(k); | ||
(8) refuses or fails to make, keep, or furnish a | ||
record, report, notification, order form, statement, invoice, or | ||
information required by a rule adopted by the director or the board; | ||
or | ||
(9) refuses or fails to maintain security required by | ||
this chapter or a rule adopted under this chapter. | ||
SECTION 4. Section 481.129(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A person commits an offense if the person knowingly: | ||
(1) distributes as a registrant or dispenser a | ||
controlled substance listed in Schedule I or II, unless the person | ||
distributes the controlled substance as authorized under the | ||
federal Controlled Substances Act (21 U.S.C. Section 801 et seq.); | ||
(2) uses in the course of manufacturing, prescribing, | ||
or distributing a controlled substance a Federal Drug Enforcement | ||
Administration registration number that is fictitious, revoked, | ||
suspended, or issued to another person; | ||
(3) issues a prescription bearing a forged or | ||
fictitious signature; | ||
(4) uses a prescription issued to another person to | ||
prescribe a Schedule II controlled substance; | ||
(5) possesses, obtains, or attempts to possess or | ||
obtain a controlled substance or an increased quantity of a | ||
controlled substance: | ||
(A) by misrepresentation, fraud, forgery, | ||
deception, or subterfuge; | ||
(B) through use of a fraudulent prescription | ||
form; [ |
||
(C) through use of a fraudulent oral or | ||
telephonically communicated prescription; or | ||
(D) through the use of a fraudulent electronic | ||
prescription; or | ||
(6) furnishes false or fraudulent material | ||
information in or omits material information from an application, | ||
report, record, or other document required to be kept or filed under | ||
this chapter. | ||
SECTION 5. Section 554.051(a-1), Occupations Code, is | ||
amended to read as follows: | ||
(a-1) The board may adopt rules to administer Sections | ||
481.073, 481.074, 481.075, 481.0755, 481.076, 481.0761, 481.0762, | ||
481.0763, 481.0764, 481.0765, and 481.0766, Health and Safety Code. | ||
SECTION 6. Section 565.003, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 565.003. ADDITIONAL GROUNDS FOR DISCIPLINE REGARDING | ||
APPLICANT FOR OR HOLDER OF NONRESIDENT PHARMACY LICENSE. Unless | ||
compliance would violate the pharmacy or drug statutes or rules in | ||
the state in which the pharmacy is located, the board may discipline | ||
an applicant for or the holder of a nonresident pharmacy license if | ||
the board finds that the applicant or license holder has failed to | ||
comply with: | ||
(1) Section 481.073, 481.074, [ |
||
481.076, 481.0761, 481.0762, 481.0763, 481.0764, 481.0765, or | ||
481.0766, Health and Safety Code; | ||
(2) Texas substitution requirements regarding: | ||
(A) the practitioner's directions concerning | ||
generic substitution; | ||
(B) the patient's right to refuse generic | ||
substitution; or | ||
(C) notification to the patient of the patient's | ||
right to refuse substitution; | ||
(3) any board rule relating to providing drug | ||
information to the patient or the patient's agent in written form or | ||
by telephone; or | ||
(4) any board rule adopted under Section 554.051(a) | ||
and determined by the board to be applicable under Section | ||
554.051(b). | ||
SECTION 7. The change in law made by this Act applies only | ||
to a prescription issued on or after the effective date of this Act. | ||
A prescription issued before the effective date of this Act is | ||
governed by the law in effect immediately before the effective date | ||
of this Act, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 8. This Act takes effect September 1, 2019. |