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A BILL TO BE ENTITLED
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AN ACT
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relating to access to certain controlled substance prescription |
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information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 481.076(a), (f), (g), and (h), Health |
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and Safety Code, are amended to read as follows: |
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(a) The board may not permit any person to have access to |
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information submitted to the board under Section 481.074(q) or |
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481.075 except: |
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(1) the board, the Texas Medical Board, the Texas |
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Department of Licensing and Regulation, with respect to the |
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regulation of podiatrists [State Board of Podiatric Medical
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Examiners], the State Board of Dental Examiners, the State Board of |
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Veterinary Medical Examiners, the Texas Board of Nursing, or the |
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Texas Optometry Board for the purpose of: |
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(A) investigating a specific license holder; or |
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(B) monitoring for potentially harmful |
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prescribing or dispensing patterns or practices under Section |
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481.0762; |
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(2) an [authorized officer or member of the department
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or] authorized employee of the board engaged in the administration, |
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investigation, or enforcement of this chapter or another law |
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governing illicit drugs in this state or another state; |
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(3) the department or other [on behalf of a] law |
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enforcement or prosecutorial official engaged in the |
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administration, investigation, or enforcement of this chapter or |
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another law governing illicit drugs in this state or another state, |
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if the board is provided a warrant, subpoena, or other court order |
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compelling the disclosure; |
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(4) a medical examiner conducting an investigation; |
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(5) provided that accessing the information is |
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authorized under the Health Insurance Portability and |
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Accountability Act of 1996 (Pub. L. No. 104-191) and regulations |
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adopted under that Act: |
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(A) a pharmacist or a pharmacy technician, as |
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defined by Section 551.003, Occupations Code, acting at the |
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direction of a pharmacist; or |
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(B) a practitioner who: |
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(i) is a physician, dentist, veterinarian, |
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podiatrist, optometrist, or advanced practice nurse or is a |
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physician assistant described by Section 481.002(39)(D) or an |
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employee or other agent of a practitioner acting at the direction of |
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a practitioner; and |
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(ii) is inquiring about a recent Schedule |
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II, III, IV, or V prescription history of a particular patient of |
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the practitioner; |
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(6) a pharmacist or practitioner who is inquiring |
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about the person's own dispensing or prescribing activity; or |
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(7) one or more states or an association of states with |
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which the board has an interoperability agreement, as provided by |
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Subsection (j). |
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(f) If the board accesses [director permits access to] |
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information under Subsection (a)(2) relating to a person licensed |
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or regulated by an agency listed in Subsection (a)(1), the board |
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[director] shall notify and cooperate with that agency regarding |
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the disposition of the matter before taking action against the |
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person, unless the board [director] determines that notification is |
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reasonably likely to interfere with an administrative or criminal |
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investigation or prosecution. |
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(g) If the board provides [director permits] access to |
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information under Subsection (a)(3) relating to a person licensed |
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or regulated by an agency listed in Subsection (a)(1), the board |
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[director] shall notify that agency of the disclosure of the |
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information not later than the 10th working day after the date the |
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information is disclosed. |
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(h) If the board [director] withholds notification to an |
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agency under Subsection (f), the board [director] shall notify the |
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agency of the disclosure of the information and the reason for |
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withholding notification when the board [director] determines that |
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notification is no longer likely to interfere with an |
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administrative or criminal investigation or prosecution. |
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SECTION 2. Sections 481.076(a-3), (a-4), and (a-5), Health |
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and Safety Code, are repealed. |
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SECTION 3. To the extent of any conflict, this Act prevails |
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over another Act of the 86th Legislature, Regular Session, 2019, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 4. The changes in law made by this Act apply only to |
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information accessed on or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2019. |