Bill Text: TX HB2743 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the use of electronic prescriptions for the prescribing or dispensing of Schedule II controlled substances.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-04-11 - Left pending in committee [HB2743 Detail]

Download: Texas-2017-HB2743-Introduced.html
  85R12896 JSC-D
 
  By: Zedler H.B. No. 2743
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of electronic prescriptions for the prescribing
  or dispensing of Schedule II controlled substances.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 481.075, Health and Safety Code, is
  amended by adding Subsections (n), (o), and (p) to read as follows:
         (n)  Notwithstanding any other provision of this section, a
  person prescribing or dispensing a Schedule II controlled substance
  must use the electronic prescription record and may not use a
  written prescription. An official prescription form may be used
  only by:
               (1)  a prescriber who is a veterinarian;
               (2)  a prescriber or dispensing pharmacist in
  circumstances in which electronic prescribing is not available due
  to temporary technological or electrical failure, as provided by
  board rule;
               (3)  a prescriber issuing a prescription to be filled
  outside this state;
               (4)  a prescriber or dispensing pharmacist who received
  a waiver under Subsection (o); or
               (5)  a prescriber if the prescriber determines that it
  would be impractical for the patient to obtain the substance
  prescribed by electronic prescription in a timely manner, and the
  delay would adversely impact the patient's medical condition.
         (o)  The board may grant to a prescriber or dispensing
  pharmacist a waiver from the requirement to use the electronic
  prescription record due to:
               (1)  economic hardship;
               (2)  technological limitations that are not reasonably
  in control of the prescriber or dispensing pharmacist; or
               (3)  another exceptional circumstance demonstrated by
  the prescriber or dispensing pharmacist.
         (p)  A waiver granted under Subsection (o) may not be for a
  period of more than one year. A person may reapply for a waiver on
  expiration of the previous waiver.
         SECTION 2.  The change in law made by this Act applies only
  to a prescription issued on or after January 1, 2018. A
  prescription issued before January 1, 2018, 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 3.  This Act takes effect September 1, 2017.
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