Bill Text: TX SB195 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to prescriptions for certain controlled substances, access to information about those prescriptions, and the duties of prescribers and other entities registered with the Federal Drug Enforcement Administration; authorizing fees.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-06-20 - See remarks for effective date [SB195 Detail]
Download: Texas-2015-SB195-Enrolled.html
S.B. No. 195 |
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relating to prescriptions for certain controlled substances, | ||
access to information about those prescriptions, and the duties of | ||
prescribers and other entities registered with the Federal Drug | ||
Enforcement Administration; authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 552.118, Government Code, is amended to | ||
read as follows: | ||
Sec. 552.118. EXCEPTION: CONFIDENTIALITY OF OFFICIAL | ||
PRESCRIPTION PROGRAM INFORMATION. Information is excepted from the | ||
requirements of Section 552.021 if it is: | ||
(1) information on or derived from an official | ||
prescription form or electronic prescription record filed with the | ||
Texas State Board of Pharmacy [ |
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(2) other information collected under Section 481.075 | ||
of that code. | ||
SECTION 2. Section 481.002, Health and Safety Code, is | ||
amended by amending Subdivisions (4) and (45) and adding | ||
Subdivision (55) to read as follows: | ||
(4) "Controlled premises" means: | ||
(A) a place where original or other records or | ||
documents required under this chapter are kept or are required to be | ||
kept; or | ||
(B) a place, including a factory, warehouse, | ||
other establishment, or conveyance, where a person registered under | ||
this chapter may lawfully hold, manufacture, distribute, dispense, | ||
administer, possess, or otherwise dispose of a controlled substance | ||
or other item governed by the federal Controlled Substances Act (21 | ||
U.S.C. Section 801 et seq.) or this chapter, including a chemical | ||
precursor and a chemical laboratory apparatus. | ||
(45) "Registrant" means a person who has a current | ||
Federal Drug Enforcement Administration registration number [ |
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(55) "Board" means the Texas State Board of Pharmacy. | ||
SECTION 3. 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, | ||
481.076, and 481.0761. The board may adopt rules to administer | ||
Sections 481.073, 481.074, 481.075, 481.076, and 481.0761. | ||
SECTION 4. The heading to Section 481.061, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 481.061. FEDERAL REGISTRATION REQUIRED. | ||
SECTION 5. Sections 481.061(a) and (b), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) Except as otherwise provided by this chapter, a person | ||
who is not registered with or exempt from registration with the | ||
Federal Drug Enforcement Administration [ |
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manufacture, distribute, prescribe, possess, analyze, or dispense | ||
a controlled substance in this state. | ||
(b) A person who is registered with [ |
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Enforcement Administration [ |
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analyze, dispense, or conduct research with a controlled substance | ||
may possess, manufacture, distribute, analyze, dispense, or | ||
conduct research with that substance to the extent authorized by | ||
the person's registration and in conformity with this chapter. | ||
SECTION 6. Section 481.062(a), Health and Safety Code, as | ||
amended by S.B. No. 219, Acts of the 84th Legislature, Regular | ||
Session, 2015, is amended to read as follows: | ||
(a) The following persons [ |
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may possess a controlled substance under this chapter without | ||
registering with the Federal Drug Enforcement Administration: | ||
(1) an agent or employee of a [ |
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manufacturer, distributor, analyzer, or dispenser of the | ||
controlled substance who is registered with the Federal Drug | ||
Enforcement Administration and acting in the usual course of | ||
business or employment; | ||
(2) a common or contract carrier, a warehouseman, or | ||
an employee of a carrier or warehouseman whose possession of the | ||
controlled substance is in the usual course of business or | ||
employment; | ||
(3) an ultimate user or a person in possession of the | ||
controlled substance under a lawful order of a practitioner or in | ||
lawful possession of the controlled substance if it is listed in | ||
Schedule V; | ||
(4) an officer or employee of this state, another | ||
state, a political subdivision of this state or another state, or | ||
the United States who is lawfully engaged in the enforcement of a | ||
law relating to a controlled substance or drug or to a customs law | ||
and authorized to possess the controlled substance in the discharge | ||
of the person's official duties; or | ||
(5) if the substance is tetrahydrocannabinol or one of | ||
its derivatives: | ||
(A) a Department of State Health Services | ||
official, a medical school researcher, or a research program | ||
participant possessing the substance as authorized under | ||
Subchapter G; or | ||
(B) a practitioner or an ultimate user possessing | ||
the substance as a participant in a federally approved therapeutic | ||
research program that the commissioner has reviewed and found, in | ||
writing, to contain a medically responsible research protocol. | ||
SECTION 7. Section 481.067(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A person who is registered with the Federal Drug | ||
Enforcement Administration to manufacture, distribute, analyze, or | ||
dispense a controlled substance shall keep records and maintain | ||
inventories in compliance with recordkeeping and inventory | ||
requirements of federal law and with additional rules the board or | ||
director adopts. | ||
SECTION 8. Section 481.073(a), Health and Safety Code, as | ||
amended by S.B. No. 219, Acts of the 84th Legislature, Regular | ||
Session, 2015, is amended to read as follows: | ||
(a) Only a practitioner defined by Section 481.002(39)(A) | ||
and an agent designated in writing by the practitioner in | ||
accordance with rules adopted by the board [ |
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communicate a prescription by telephone. A pharmacy that receives | ||
a telephonically communicated prescription shall promptly write | ||
the prescription and file and retain the prescription in the manner | ||
required by this subchapter. A practitioner who designates an | ||
agent to communicate prescriptions shall maintain the written | ||
designation of the agent in the practitioner's usual place of | ||
business and shall make the designation available for inspection by | ||
investigators for the Texas Medical Board, the State Board of | ||
Dental Examiners, the State Board of Veterinary Medical Examiners, | ||
the board, and the department. A practitioner who designates a | ||
different agent shall designate that agent in writing and maintain | ||
the designation in the same manner in which the practitioner | ||
initially designated an agent under this section. | ||
SECTION 9. Sections 481.074(b), (c), (d), (p), and (q), | ||
Health and Safety Code, are amended to read as follows: | ||
(b) Except in an emergency as defined by rule of the board | ||
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or (m), a person may not dispense or administer a controlled | ||
substance listed in Schedule II without a written prescription of a | ||
practitioner on an official prescription form or without an | ||
electronic prescription that meets the requirements of and is | ||
completed by the practitioner in accordance with Section 481.075. | ||
In an emergency, a person may dispense or administer a controlled | ||
substance listed in Schedule II on the oral or telephonically | ||
communicated prescription of a practitioner. The person who | ||
administers or dispenses the substance shall: | ||
(1) if the person is a prescribing practitioner or a | ||
pharmacist, promptly comply with Subsection (c); or | ||
(2) if the person is not a prescribing practitioner or | ||
a pharmacist, promptly write the oral or telephonically | ||
communicated prescription and include in the written record of the | ||
prescription the name, address, and Federal Drug Enforcement | ||
Administration number issued for prescribing a controlled | ||
substance in this state of the prescribing practitioner, all | ||
information required to be provided by a practitioner under Section | ||
481.075(e)(1), and all information required to be provided by a | ||
dispensing pharmacist under Section 481.075(e)(2). | ||
(c) Not later than the seventh day after the date a | ||
prescribing practitioner authorizes an emergency oral or | ||
telephonically communicated prescription, the prescribing | ||
practitioner shall cause a written or electronic prescription, | ||
completed in the manner required by Section 481.075, to be | ||
delivered to the dispensing pharmacist at the pharmacy where the | ||
prescription was dispensed. A written prescription may be | ||
delivered in person or by mail. The envelope of a prescription | ||
delivered by mail must be postmarked not later than the seventh day | ||
after the date the prescription was authorized. On receipt of a | ||
written prescription, the dispensing pharmacy shall file the | ||
transcription of the telephonically communicated prescription and | ||
the pharmacy copy and shall send information to the board | ||
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electronic prescription, the pharmacist shall annotate the | ||
electronic prescription record with the original authorization and | ||
date of the emergency oral or telephonically communicated | ||
prescription. | ||
(d) Except as specified in Subsections (e) and (f), the | ||
board [ |
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Medical Board [ |
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establish the period after the date on which the prescription is | ||
issued that a person may fill a prescription for a controlled | ||
substance listed in Schedule II. A person may not refill a | ||
prescription for a substance listed in Schedule II. | ||
(p) On receipt of the prescription, the dispensing pharmacy | ||
shall file the facsimile copy of the prescription and shall send | ||
information to the board [ |
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(q) Each dispensing pharmacist shall send all required | ||
information [ |
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required to complete the Schedule III through V prescription forms, | ||
to the board [ |
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approved by the board [ |
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after the date the prescription is completely filled. | ||
SECTION 10. Sections 481.075(c), (g), (i), (k), and (m), | ||
Health and Safety Code, are amended to read as follows: | ||
(c) The board [ |
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forms to practitioners for a fee covering the actual cost of | ||
printing, processing, and mailing the forms [ |
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Before mailing or otherwise delivering prescription forms to a | ||
practitioner, the board [ |
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number of the form and any other information the board [ |
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determines is necessary. | ||
(g) Except for an oral prescription prescribed under | ||
Section 481.074(b), the prescribing practitioner shall: | ||
(1) legibly fill in, or direct a designated agent to | ||
legibly fill in, on the official prescription form or in the | ||
electronic prescription, each item of information required to be | ||
provided by the prescribing practitioner under Subsection (e)(1), | ||
unless the practitioner determines that: | ||
(A) under rule adopted by the board [ |
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for this purpose, it is unnecessary for the practitioner or the | ||
practitioner's agent to provide the patient identification number; | ||
or | ||
(B) it is not in the best interest of the patient | ||
for the practitioner or practitioner's agent to provide information | ||
regarding the intended use of the controlled substance or the | ||
diagnosis for which it is prescribed; and | ||
(2) sign the official prescription form and give the | ||
form to the person authorized to receive the prescription or, in the | ||
case of an electronic prescription, electronically sign or validate | ||
the electronic prescription as authorized by federal law and | ||
transmit the prescription to the dispensing pharmacy. | ||
(i) Each dispensing pharmacist shall: | ||
(1) fill in on the official prescription form or note | ||
in the electronic prescription record each item of information | ||
given orally to the dispensing pharmacy under Subsection (h) and | ||
the date the prescription is filled, and: | ||
(A) for a written prescription, fill in the | ||
dispensing pharmacist's signature; or | ||
(B) for an electronic prescription, | ||
appropriately record the identity of the dispensing pharmacist in | ||
the electronic prescription record; | ||
(2) retain with the records of the pharmacy for at | ||
least two years: | ||
(A) the official prescription form or the | ||
electronic prescription record, as applicable; and | ||
(B) the name or other patient identification | ||
required by Section 481.074(m) or (n); and | ||
(3) send all required information [ |
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official prescription form or electronic prescription record, to | ||
the board [ |
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approved by the board [ |
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after the date the prescription is completely filled. | ||
(k) Not later than the 30th day after the date a | ||
practitioner's [ |
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Enforcement Administration number[ |
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been denied, suspended, canceled, surrendered, or revoked, the | ||
practitioner shall return to the board [ |
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prescription forms in the practitioner's possession that have not | ||
been used for prescriptions. | ||
(m) A pharmacy in this state may fill a prescription for a | ||
controlled substance listed in Schedule II issued by a practitioner | ||
in another state if: | ||
(1) a share of the pharmacy's business involves the | ||
dispensing and delivery or mailing of controlled substances; | ||
(2) the prescription is issued by a prescribing | ||
practitioner in the other state in the ordinary course of practice; | ||
and | ||
(3) the prescription is filled in compliance with a | ||
written plan providing the manner in which the pharmacy may fill a | ||
Schedule II prescription issued by a practitioner in another state | ||
that: | ||
(A) is submitted by the pharmacy to the board | ||
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(B) is approved by the board [ |
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SECTION 11. The heading to Section 481.076, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 481.076. OFFICIAL PRESCRIPTION INFORMATION; DUTIES OF | ||
TEXAS STATE BOARD OF PHARMACY. | ||
SECTION 12. Section 481.076, Health and Safety Code, is | ||
amended by amending Subsections (a), (a-1), (a-2), (b), (c), (d), | ||
(e), (g), and (i) and adding Subsections (a-3), (a-4), (a-5), (j), | ||
and (k) to read as follows: | ||
(a) The board [ |
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access to information submitted to the board [ |
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Section 481.074(q) or 481.075 except: | ||
(1) an investigator for the board, the Texas Medical | ||
Board, the Texas State Board of Podiatric Medical Examiners, the | ||
State Board of Dental Examiners, the State Board of Veterinary | ||
Medical Examiners, the Texas Board of Nursing, or the Texas | ||
Optometry [ |
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(2) an authorized officer or member of the department | ||
or 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; [ |
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(3) the department on behalf of [ |
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[ |
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official engaged in the administration, investigation, or | ||
enforcement of this chapter or another law governing illicit drugs | ||
in this state or another state; | ||
(4) a medical examiner conducting an investigation; | ||
(5) [ |
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defined by Section 551.003, Occupations Code, acting at the | ||
direction of a pharmacist or a practitioner who 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 [ |
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direction of a practitioner and is inquiring about a recent | ||
Schedule II, III, IV, or V prescription history of a particular | ||
patient of the practitioner, provided that the person accessing the | ||
information is authorized to do so under the Health Insurance | ||
Portability and Accountability Act of 1996 (Pub. L. No. 104-191) | ||
and rules adopted under that Act; [ |
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(6) [ |
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inquiring about the person's own dispensing or prescribing | ||
activity; or | ||
(7) one or more states or an association of states with | ||
which the board has an interoperability agreement, as provided by | ||
Subsection (j). | ||
(a-1) A person authorized to receive information under | ||
Subsection (a)(4), (5), [ |
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information through a health information exchange, subject to | ||
proper security measures to ensure against disclosure to | ||
unauthorized persons. | ||
(a-2) A person authorized to receive information under | ||
Subsection (a)(5) [ |
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form in the medical or pharmacy record of the patient who is the | ||
subject of the information. Any information included in a | ||
patient's medical or pharmacy record under this subsection is | ||
subject to any applicable state or federal confidentiality or | ||
privacy laws. | ||
(a-3) The board shall ensure that the department has | ||
unrestricted access at all times to information submitted to the | ||
board under Sections 481.074(q) and 481.075. The department's | ||
access to the information shall be provided through a secure | ||
electronic portal under the exclusive control of the department. | ||
The department shall pay all expenses associated with the | ||
electronic portal. | ||
(a-4) A law enforcement or prosecutorial official described | ||
by Subsection (a)(3) may obtain information submitted to the board | ||
under Section 481.074(q) or 481.075 only if the official submits a | ||
request to the department. If the department finds that the | ||
official has shown proper need for the information, the department | ||
shall provide access to the relevant information. | ||
(a-5) Records relating to the access of information by the | ||
department or by the department on behalf of a law enforcement | ||
agency are confidential, including any information concerning the | ||
identities of the investigating agents or agencies. The board may | ||
not track or monitor the department's access to information. | ||
(b) This section does not prohibit the board [ |
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creating, using, or disclosing statistical data about information | ||
submitted to [ |
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if the board [ |
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to reveal the identity of each patient, practitioner, or other | ||
person who is a subject of the information. | ||
(c) The board [ |
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a system for submission of information to the board [ |
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electronic or other means and for retrieval of information | ||
submitted to the board [ |
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481.074 and 481.075. The board [ |
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information security techniques and devices to preclude improper | ||
access to the information. The board [ |
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system design to the director [ |
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the Texas Medical Board for review and [ |
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reasonable time before implementation of the system and shall | ||
comply with the comments of those agencies unless it is | ||
unreasonable to do so. | ||
(d) Information submitted to the board [ |
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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 or evidentiary purposes in | ||
connection with the functions of an agency listed in Subsection | ||
(a)(1); or | ||
(3) dissemination by the board [ |
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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. | ||
(e) The board [ |
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retrieval system, destroy, and make irretrievable the record of the | ||
identity of a patient submitted under this section to the board | ||
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the month in which the identity is entered into the system. | ||
However, the board [ |
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necessary for use in a specific ongoing investigation conducted in | ||
accordance with this section until the 30th day after the end of the | ||
month in which the necessity for retention of the identity ends. | ||
(g) If the director permits access to information under | ||
Subsection (a)(3) [ |
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regulated by an agency listed in Subsection (a)(1), the director | ||
shall notify that agency of the disclosure of the information not | ||
later than the 10th working day after the date the information is | ||
disclosed. | ||
(i) Information submitted to the board [ |
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Section 481.074(q) or 481.075 is confidential and remains | ||
confidential regardless of whether the board [ |
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access to the information under this section. | ||
(j) The board may enter into an interoperability agreement | ||
with one or more states or an association of states authorizing the | ||
board to access prescription monitoring information maintained or | ||
collected by the other state or states or the association, | ||
including information maintained on a central database such as the | ||
National Association of Boards of Pharmacy Prescription Monitoring | ||
Program InterConnect. Pursuant to an interoperability agreement, | ||
the board may authorize the prescription monitoring program of one | ||
or more states or an association of states to access information | ||
submitted to the board under Sections 481.074(q) and 481.075, | ||
including by submitting or sharing information through a central | ||
database such as the National Association of Boards of Pharmacy | ||
Prescription Monitoring Program InterConnect. | ||
(k) A person authorized to access information under | ||
Subsection (a)(4) who is registered with the 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). | ||
SECTION 13. Section 481.0761, Health and Safety Code, is | ||
amended by amending Subsections (a), (c), (d), (e), and (f) and | ||
adding Subsection (g) to read as follows: | ||
(a) The board [ |
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standardized database format that may be used by a pharmacy to | ||
transmit the information required by Sections 481.074(q) and | ||
481.075(i) to the board [ |
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information on storage media, including disks, tapes, and | ||
cassettes. | ||
(c) The board [ |
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(1) permit more than one prescription to be | ||
administered or dispensed and recorded on one prescription form for | ||
a Schedule III through V controlled substance; | ||
(1-a) establish a procedure for the issuance of | ||
multiple prescriptions of a Schedule II controlled substance under | ||
Section 481.074(d-1); | ||
(2) remove from or return to the official prescription | ||
program any aspect of a practitioner's or pharmacist's hospital | ||
practice, including administering or dispensing; | ||
(3) waive or delay any requirement relating to the | ||
time or manner of reporting; | ||
(4) establish compatibility protocols for electronic | ||
data transfer hardware, software, or format, including any | ||
necessary modifications for participation in a database described | ||
by Section 481.076(j); | ||
(5) establish a procedure to control the release of | ||
information under Sections 481.074, 481.075, and 481.076; and | ||
(6) establish a minimum level of prescription activity | ||
below which a reporting activity may be modified or deleted. | ||
(d) The board [ |
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practitioner to determine whether it is necessary to obtain a | ||
particular patient identification number and to provide that number | ||
on the official prescription form or in the electronic prescription | ||
record. | ||
(e) In adopting a rule relating to the electronic transfer | ||
of information under this subchapter, the board [ |
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consider the economic impact of the rule on practitioners and | ||
pharmacists and, to the extent permitted by law, act to minimize any | ||
negative economic impact, including the imposition of costs related | ||
to computer hardware or software or to the transfer of information. | ||
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(f) The board [ |
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the board [ |
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vendor as necessary to ensure the effective operation of the | ||
official prescription program. | ||
(g) The board may adopt rules providing for a person | ||
authorized to access information under Section 481.076(a)(5) to be | ||
enrolled in electronic access to the information described by | ||
Section 481.076(a) at the time the person obtains or renews the | ||
person's applicable professional or occupational license or | ||
registration. | ||
SECTION 14. Section 481.077(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) This section and Section 481.078 do not apply to a | ||
person to whom a registration has been issued by the Federal Drug | ||
Enforcement Agency or who is exempt from such registration [ |
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SECTION 15. Section 481.080(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) This section and Section 481.081 do not apply to a | ||
person to whom a registration has been issued by the Federal Drug | ||
Enforcement Agency or who is exempt from such registration [ |
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SECTION 16. Section 481.124(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) For purposes of this section, an intent to unlawfully | ||
manufacture the controlled substance methamphetamine is presumed | ||
if the actor possesses or transports: | ||
(1) anhydrous ammonia in a container or receptacle | ||
that is not designed and manufactured to lawfully hold or transport | ||
anhydrous ammonia; | ||
(2) lithium metal removed from a battery and immersed | ||
in kerosene, mineral spirits, or similar liquid that prevents or | ||
retards hydration; or | ||
(3) in one container, vehicle, or building, | ||
phenylacetic acid, or more than nine grams, three containers | ||
packaged for retail sale, or 300 tablets or capsules of a product | ||
containing ephedrine or pseudoephedrine, and: | ||
(A) anhydrous ammonia; | ||
(B) at least three of the following categories of | ||
substances commonly used in the manufacture of methamphetamine: | ||
(i) lithium or sodium metal or red | ||
phosphorus, iodine, or iodine crystals; | ||
(ii) lye, sulfuric acid, hydrochloric acid, | ||
or muriatic acid; | ||
(iii) an organic solvent, including ethyl | ||
ether, alcohol, or acetone; | ||
(iv) a petroleum distillate, including | ||
naphtha, paint thinner, or charcoal lighter fluid; or | ||
(v) aquarium, rock, or table salt; or | ||
(C) at least three of the following items: | ||
(i) an item of equipment subject to | ||
regulation under Section 481.080, if the person is not a registrant | ||
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(ii) glassware, a plastic or metal | ||
container, tubing, a hose, or other item specially designed, | ||
assembled, or adapted for use in the manufacture, processing, | ||
analyzing, storing, or concealing of methamphetamine. | ||
SECTION 17. Section 481.127(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A person commits an offense if the person knowingly | ||
gives, permits, or obtains unauthorized access to information | ||
submitted to the board [ |
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481.075. | ||
SECTION 18. Sections 481.128(a) and (b), Health and Safety | ||
Code, are 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 481.070-481.075; | ||
(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 | ||
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(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. | ||
(b) If the registrant or dispenser knowingly refuses or | ||
fails to make, keep, or furnish a record, report, notification, | ||
order form, statement, invoice, or information or maintain security | ||
required by a rule adopted by the director or the board, the | ||
registrant or dispenser is liable to the state for a civil penalty | ||
of not more than $5,000 for each act. | ||
SECTION 19. 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.) | ||
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(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; or | ||
(C) through use of a fraudulent oral or | ||
telephonically communicated 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 20. Section 481.159(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) If a district court orders the forfeiture of a | ||
controlled substance property or plant under Chapter 59, Code of | ||
Criminal Procedure, or under this code, the court shall also order a | ||
law enforcement agency to: | ||
(1) retain the property or plant for its official | ||
purposes, including use in the investigation of offenses under this | ||
code; | ||
(2) deliver the property or plant to a government | ||
agency for official purposes; | ||
(3) deliver the property or plant to a person | ||
authorized by the court to receive it; | ||
(4) deliver the property or plant to a person | ||
authorized by the director to receive it [ |
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(5) destroy the property or plant that is not | ||
otherwise disposed of in the manner prescribed by this subchapter. | ||
SECTION 21. Section 481.301, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 481.301. IMPOSITION OF PENALTY. The department may | ||
impose an administrative penalty on a person who violates Section | ||
[ |
||
481.0771, 481.078, 481.080, or 481.081 or a rule or order adopted | ||
under any of those sections. | ||
SECTION 22. Section 481.352, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 481.352. MEMBERS. The work group is composed of: | ||
(1) the executive director of the board or the | ||
executive director's designee, who serves as chair of the work | ||
group; | ||
(2) the commissioner of state health services or the | ||
commissioner's designee; | ||
(3) [ |
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[ |
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Board or the executive director's designee; | ||
(4) [ |
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Nursing or the executive director's designee; [ |
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(5) [ |
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Physician Assistant Board or the executive director's designee; | ||
(6) the executive director of the State Board of | ||
Dental Examiners or the executive director's designee; | ||
(7) the executive director of the Texas Optometry | ||
Board or the executive director's designee; | ||
(8) the executive director of the Texas State Board of | ||
Podiatric Medical Examiners or the executive director's designee; | ||
(9) the executive director of the State Board of | ||
Veterinary Medical Examiners or the executive director's designee; | ||
and | ||
(10) a medical examiner appointed by the board. | ||
SECTION 23. Section 554.006, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 554.006. FEES. (a) The board by rule shall establish | ||
reasonable and necessary fees so that the fees, in the aggregate, | ||
produce sufficient revenue to cover the cost of administering this | ||
subtitle. | ||
(b) The board by rule shall establish reasonable and | ||
necessary fees so that the fees, in the aggregate, produce | ||
sufficient revenue to cover the cost of establishing and | ||
maintaining the program described by Sections 481.075, 481.076, and | ||
481.0761, Health and Safety Code. | ||
(c) The board may assess the fee described by Subsection (b) | ||
on individuals or entities authorized to prescribe or dispense | ||
controlled substances under Chapter 481, Health and Safety Code, | ||
and to access the program described by Sections 481.075, 481.076, | ||
and 481.0761, Health and Safety Code. | ||
(d) Each agency that licenses individuals or entities | ||
authorized to prescribe or dispense controlled substances under | ||
Chapter 481, Health and Safety Code, and to access the program | ||
described by Sections 481.075, 481.076, and 481.0761, Health and | ||
Safety Code, shall increase the occupational license, permit, or | ||
registration fee of the license holders or use available excess | ||
revenue in an amount sufficient to operate that program as | ||
specified by the board. | ||
(e) A fee collected by an agency under Subsection (d) shall | ||
be transferred to the board for the purpose of establishing and | ||
maintaining the program described by Sections 481.075, 481.076, and | ||
481.0761, Health and Safety Code. | ||
(f) Grants received by the board to implement or operate the | ||
program described by Sections 481.075, 481.076, and 481.0761, | ||
Health and Safety Code, may be used by the board to offset or reduce | ||
the amount of fees paid by each agency that licenses individuals or | ||
entities who are or may be authorized to prescribe or dispense | ||
controlled substances under Chapter 481, Health and Safety Code. | ||
SECTION 24. Section 554.051, Occupations Code, is amended | ||
by adding Subsection (a-1) to read as follows: | ||
(a-1) The board may adopt rules to administer Sections | ||
481.073, 481.074, 481.075, 481.076, and 481.0761, Health and Safety | ||
Code. | ||
SECTION 25. The following provisions are repealed: | ||
(1) Sections 481.061(c) and (d), 481.062(b), 481.063, | ||
481.064, 481.0645, 481.066, and 481.069, Health and Safety Code; | ||
and | ||
(2) Section 156.0035, Occupations Code. | ||
SECTION 26. (a) The changes in law made by this Act to | ||
Section 481.076, Health and Safety Code, other than the changes | ||
made to Subsection (c) of that section, apply only to information | ||
submitted or accessed on or after September 1, 2016. | ||
(b) The Texas State Board of Pharmacy may enter into an | ||
interoperability agreement described by Section 481.076(j), Health | ||
and Safety Code, as added by this Act, before September 1, 2016, but | ||
the agreement may not go into effect until on or after September 1, | ||
2016. | ||
SECTION 27. (a) Not later than September 1, 2016, the | ||
Department of Public Safety shall transfer all appropriate records | ||
received by the department under Sections 481.074(q) and 481.075, | ||
Health and Safety Code, regardless of whether the records were | ||
received before, on, or after the effective date of this Act, to the | ||
Texas State Board of Pharmacy. | ||
(b) A rule, form, policy, procedure, or decision adopted | ||
under Chapter 481, Health and Safety Code, as it existed before the | ||
effective date of this Act, continues in effect as a rule, form, | ||
policy, procedure, or decision and remains in effect until amended | ||
or replaced. | ||
(c) A reference in law or an administrative rule to the | ||
public safety director of the Department of Public Safety relating | ||
to rulemaking authority given and duties transferred to the Texas | ||
State Board of Pharmacy by this Act is a reference to the Texas | ||
State Board of Pharmacy. | ||
SECTION 28. The Department of Public Safety is responsible | ||
for the expenses of the initial implementation and ongoing | ||
operation of the secure electronic portal described by Section | ||
481.076(a-3), Health and Safety Code, as added by this Act. | ||
SECTION 29. (a) Except as otherwise provided by this | ||
section, this Act takes effect September 1, 2016. | ||
(b) The Texas State Board of Pharmacy shall adopt any rules | ||
required by Chapter 481, Health and Safety Code, as amended by this | ||
Act, not later than March 1, 2016. | ||
(c) Sections 481.003(a), 481.076(c), 481.0761(a), (e), and | ||
(f), and 481.352, Health and Safety Code, as amended by this Act, | ||
and Section 481.0761(g), Health and Safety Code, as added by this | ||
Act, take effect immediately if this Act 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, these provisions | ||
take effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 195 passed the Senate on | ||
April 9, 2015, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendments on May 28, 2015, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 195 passed the House, with | ||
amendments, on May 23, 2015, by the following vote: Yeas 122, | ||
Nays 18, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |