Amend HB 1070 as follows:
(1) In SECTION 22 of the bill, amended Section 481.128,
Health and Safety Code, strike Subsections (a)(4)-(7) (senate
committee printing, page 28, lines 25-33), and substitute the
following:
(4) prints, manufactures, possesses, or produces a
prescription sticker or official <triplicate> prescription form
without the approval of the director <Department of Public
Safety>;
(5) delivers or possesses a counterfeit prescription
sticker or official <triplicate> prescription form;
(6) refuses an entry into a premise for an inspection
authorized by this chapter;
(7) refuses or fails to return a <triplicate>
prescription sticker <form> as required by Section 481.075(k)
<481.075(h)>; <or>
(2) Add appropriately numbered SECTIONS to the bill to read
as follows:
SECTION ____. Section 481.002, Health and Safety Code, is
amended by amending Subdivision (47) and adding Subdivisions (51),
(52), (53), (54), and (55) to read as follows:
(47) "Official <Triplicate> prescription form" means a
<an official Department of Public Safety> prescription form that
contains the prescription information required by Section 481.075
and to which is affixed a prescription sticker <used to administer,
dispense, prescribe, or deliver to an ultimate user a controlled
substance listed in Schedule II>.
(51) "Patient identification number" means:
(A) a unique number assigned to the person by
the department or by an analogous department of another state that
appears on the person's driver's license or personal identification
certificate;
(B) the registration number assigned to the
person under Chapter 13, Election Code;
(C) a unique number assigned to the person by an
agency of the United States that appears on the person's social
security card, military identification card, passport, visa, work
permit, or other identification card;
(D) for a person younger than 18 years of age
who has not been issued a document described by Paragraph (A), (B),
or (C), the number assigned to the person's parent or guardian that
appears on a document described by those paragraphs issued to that
parent or guardian; or
(E) for an animal, the number assigned to the
animal's owner that appears on a document described by Paragraph
(A), (B), (C), or (D).
(52) "Department" means the Department of Public
Safety.
(53) "Driver's license" has the meaning assigned that
term by Section 521.001, Transportation Code.
(54) "Personal identification certificate" means a
certificate issued under Subchapter E, Chapter 521, Transportation
Code.
(55) "Prescription sticker" means a prescription
sticker issued by the director under Section 481.075.
SECTION ____. Subchapter A, Chapter 481, Health and Safety
Code, is amended by adding Section 481.003 to read as follows:
Sec. 481.003. RULES. The director may adopt rules to
administer and enforce this chapter.
SECTION ____. Section 481.064, Health and Safety Code, is
amended to read as follows:
Sec. 481.064. <RULES;> REGISTRATION FEES. (a) <The director
may adopt reasonable rules.>
<(b)> The director may charge an annual registration fee of
not more than $25. The director by rule shall set the amount of
the fee at the amount that is <$5 for the costs> necessary to
cover the cost of administering and enforcing <administer> this
subchapter <chapter>. Except as provided by Subsection (b) <(c)>,
registrants shall pay the fees to the director.
(b) <(c)> The director may authorize a contract between the
department <Department of Public Safety> and an appropriate state
agency for the collection and remittance of the fees. The director
by rule may provide for remittance of the fees collected by state
agencies for the department.
(c) <(d)> The director shall deposit the collected fees <in
the state treasury> to the credit of the operator's and chauffeur's
license account in the general revenue fund. The fees may be used
only by the department <Department of Public Safety> in the
administration or enforcement of this subchapter <chapter>.
SECTION ____. Section 481.074, Health and Safety Code, is
amended by amending Subsections (a), (b), (c), and (f) and adding
Subsections (m) and (n) to read as follows:
(a) A pharmacist may not:
(1) dispense or deliver a controlled substance or
cause a controlled substance to be dispensed or delivered under the
pharmacist's direction or supervision except under a valid
prescription and in the course of professional practice;
(2) fill a prescription that is not prepared or issued
as prescribed by this chapter;
(3) permit or allow a person who is not a licensed
pharmacist or pharmacist intern to dispense, distribute, or in any
other manner deliver a controlled substance even if under the
supervision of a pharmacist, except that after the pharmacist or
pharmacist intern has fulfilled his professional and legal
responsibilities, a nonpharmacist may complete the actual cash or
credit transaction and delivery; or
(4) permit the delivery of a controlled substance to
any person not known to the pharmacist, the pharmacist intern, or
the person authorized by the pharmacist to deliver the controlled
substance without first requiring identification of the person
taking possession of the controlled substance, except as provided
by Subsection (n) <; if the person taking possession of the
controlled substance does not have identification and the
pharmacist determines that the controlled substance is needed for
the immediate well-being of the patient, delivery may be made; this
subsection does not prohibit the delivery by mail or authorized
delivery person of a controlled substance to a person or the
address of the person authorized by prescription to receive that
controlled substance>.
(b) Except in an emergency as defined by rule of the
director or as provided by Section 481.075(j) <481.075(g)>, a
person may not dispense or administer a controlled substance listed
in Schedule II without the written prescription of a practitioner
on an official prescription <a> form that meets the requirements of
and is completed by the practitioner in accordance with Section
481.075, and if the controlled substance is to be dispensed, the
practitioner must be registered under Section 481.063. 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 <shall> include in the written record
of the prescription the name, address, and Federal Drug Enforcement
Administration number of the prescribing practitioner, all
information required to be provided by a <the> practitioner under
Section 481.075(e)(1) <481.075(d)>, and all information required to
be provided by a <the> dispensing pharmacist under Section
481.075(e)(2) <481.075(f). The person shall send a copy of the
written record to the Department of Public Safety not later than
the 30th day after the date the prescription is filled>.
(c) Not later than 72 hours after authorizing an emergency
oral or telephonically communicated prescription, the prescribing
practitioner shall cause a written prescription, completed in the
manner required by Section 481.075, to be delivered in person or
mailed to the dispensing pharmacist at the pharmacy where the
prescription was dispensed. The envelope of a prescription
delivered by mail must be postmarked not later than 72 hours after
the prescription was authorized. On receipt of the prescription,
the dispensing pharmacy shall file the transcription of the
telephonically communicated prescription and the pharmacy copy.
The pharmacist or the pharmacy that employs the pharmacist shall
send all information required by the director, including any
information required to complete an official prescription form, to
the director by electronic transfer, a universal claim form
customarily used by pharmaceutical service providers, or other form
approved by the director <to the Department of Public Safety the
department's copy> not later than the 30th day after the date the
prescription was dispensed.
(f) A prescription for a Schedule II controlled substance
written for a patient in a long-term care facility (LTCF) or for a
patient with a medical diagnosis documenting a terminal illness may
be filled in partial quantities to include individual dosage units.
If there is any question about whether a patient may be classified
as having a terminal illness, the pharmacist must contact the
practitioner prior to partially filling the prescription. Both the
pharmacist and the practitioner have a corresponding responsibility
to assure that the controlled substance is for a terminally ill
patient. The pharmacist must record <on> the prescription on an
official prescription form and must indicate on the form whether
the patient is "terminally ill" or an "LTCF patient." A
prescription that is partially filled and does not contain the
notation "terminally ill" or "LTCF patient" shall be deemed to have
been filled in violation of this Act. For each partial filling,
the dispensing pharmacist shall record on the back of <Copy 1 and
Copy 2 of> the official prescription form the date of the partial
filling, the quantity dispensed, the remaining quantity authorized
to be dispensed, and the identification of the dispensing
pharmacist. Prior to any subsequent partial filling, the
pharmacist is to determine that the additional partial filling is
necessary. The total quantity of Schedule II controlled substances
dispensed in all partial fillings must not exceed the total
quantity prescribed. Schedule II prescriptions for patients in a
long-term care facility or patients with a medical diagnosis
documenting a terminal illness shall be valid for a period not to
exceed 30 days from the issue date unless sooner terminated by
discontinuance of the medication.
(m) A pharmacist may permit the delivery of a controlled
substance by an authorized delivery person, by a person known to
the pharmacist, a pharmacist intern, or the authorized delivery
person, or by mail to the person or address of the person
authorized by the prescription to receive the controlled substance.
If a pharmacist permits delivery of a controlled substance under
this subsection, the pharmacist shall retain in the records of the
pharmacy for a period of not less than two years:
(1) the name of the authorized delivery person, if
delivery is made by that person;
(2) the name of the person known to the pharmacist, a
pharmacist intern, or the authorized delivery person if delivery is
made by that person; or
(3) the mailing address to which delivery is made, if
delivery is made by mail.
(n) A pharmacist may permit the delivery of a controlled
substance to a person not known to the pharmacist, a pharmacist
intern, or the authorized delivery person without first requiring
the identification of the person to whom the controlled substance
is delivered if the pharmacist determines that an emergency exists
and that the controlled substance is needed for the immediate
well-being of the patient for whom the controlled substance is
prescribed. If a pharmacist permits delivery of a controlled
substance under this subsection, the pharmacist shall retain in the
records of the pharmacy for a period of not less than two years all
information relevant to the delivery known to the pharmacist,
including the name, address, and date of birth or age of the person
to whom the controlled substance is delivered. The pharmacist shall
also retain in the records of the pharmacy for a period of not less
than two years the patient identification number of the person to
whom the controlled substance is delivered if the person has such a
number and that number is required by the prescribing practitioner.
SECTION ____. Section 481.075, Health and Safety Code, is
amended to read as follows:
Sec. 481.075. OFFICIAL <TRIPLICATE> PRESCRIPTION PROGRAM.
(a) A practitioner who prescribes a controlled substance listed
in Schedule II shall, except as provided by rule adopted under
Section 481.0761, record the prescription on a prescription form
that includes the information required by this section and affix
to the form a prescription sticker issued by the director under
this section <that meets the requirements of Subsection (b)>.
(b) Each prescription sticker must be sequentially numbered
and produced in a manner that makes impossible removal of the
sticker from the prescription form to which it is affixed.
(c) The director <Department of Public Safety> shall issue
prescription stickers <the forms> to practitioners for a fee
covering the actual cost of printing, <and> processing <the forms>,
and mailing <containers, and binders and the actual cost of
mailing> the stickers <forms> at 100 stickers <forms> a package.
Before mailing or otherwise delivering prescription stickers
<forms> to a practitioner, the director <department> shall print on
each sticker the number of the sticker and any other information
the director determines is necessary <forms the practitioner's
name, address, Department of Public Safety registration number, and
Federal Drug Enforcement Administration number>.
(d) A person may not obtain a <the> prescription sticker
<forms> unless the person is a practitioner as defined by Section
481.002(39)(A) or an institutional practitioner.
(e) <(b)> Each prescription form used to prescribe a
Schedule II controlled substance must <be serially numbered and in
triplicate, with the original copy labeled "Copy 1," the duplicate
copy labeled "Copy 2," and the triplicate copy labeled "Copy 3."
Each form must> contain <spaces for>:
(1) information provided by the prescribing
practitioner, including:
(A) the date the prescription is written;
(B) <(2) the date the prescription is filled;>
<(3)> the controlled substance <drug> prescribed;
(C) the quantity of controlled substance
prescribed, shown numerically followed by the number written as a
word;
(D) the intended use of the controlled substance
or the diagnosis for which it is prescribed<, the dosage,> and the
instructions for use of the substance;
(E) <(4)> the practitioner's name, address, and
Federal Drug Enforcement Administration number <of the dispensing
pharmacy and the name of the pharmacist who fills the
prescription>; and
(F) <(5)> the name, address, date of birth or
<and> age, and patient identification number of the person for whom
the controlled substance is prescribed;
(2) information provided by the dispensing pharmacist,
including the date the prescription is filled; and
(3) the signatures of the prescribing practitioner and
the dispensing pharmacist.
(f) <(c)> Not more than one prescription may be recorded on
an official <a> prescription form, except as provided by rule
adopted under Section 481.0761.
(g) <(d)> Except for oral prescriptions prescribed under
Section 481.074(b), the prescribing practitioner shall:
(1) legibly fill in, or direct a designated agent to
legibly fill in, on <all three copies of> the official prescription
form, each item of information required to be <in the space>
provided by the prescribing practitioner under Subsection (e)(1),
unless the practioner determines that:
(A) under rule adopted by the director for this
purpose, it is unnecessary for the practitioner or the
practitioner's agent to provide the patient identification number
<the date the prescription is written>; or
(B) it is not in the best interest of the
patient for the practitioner or practitioner's agent to provide
information regarding <the drug prescribed, the quantity (shown
numerically followed by the number written as a word), instructions
for use, and> the intended use of the controlled substance <drug>
or the diagnosis for which it <the controlled substance> is
prescribed; and
<(C) the name, address, and age of the patient
or, in the case of an animal, its owner, for whom the controlled
substance is prescribed;>
(2) sign <Copies 1 and 2 of> the official prescription
form and give the form <them> to the person authorized to receive
the prescription<; and>
<(3) retain Copy 3 of the form with the practitioner's
records for at least two years after the date the prescription is
written>.
(h) <(e)> In the case of an oral prescription prescribed
under Section 481.074(b), the prescribing practitioner shall give
the dispensing pharmacy the information needed to complete the
form.
(i) <(f)> Each dispensing pharmacist shall:
(1) fill in on <Copies 1 and 2 of> the official
prescription form each item of <in the space provided the>
information given orally to the dispensing pharmacy under
Subsection (h), the date the prescription is filled, and the
dispensing pharmacist's signature <not required to be filled in by
the prescribing practitioner or the Department of Public Safety>;
(2) <indicate the total quantity dispensed on the face
of the triplicate prescription form;>
<(3)> retain <Copy 2> with the records of the pharmacy
for at least two years:
(A) the official prescription form; and
(B) the name or other patient identification
required by Section 481.074(m) or (n); and
(3) <(4) sign Copy 1 and> send all information
required by the director, including any information required to
complete an official prescription form, <it> to the director by
electronic transfer, a universal claim form customarily used by
pharmaceutical service providers, or other form approved by the
director <Department of Public Safety> not later than the 30th day
after the date the prescription is filled or not later than the
30th day after the completion of a prescription dispensed under
Section 481.074(f).
(j) <(g)> A medication order written for a patient who is
admitted to a hospital at the time the medication order is written
and filled is not required to be on a form that meets the
requirements of this section.
(k) <(h)> Not later than the 30th <seventh> day after the
date a practitioner's department <Department of Public Safety>
registration number, Federal Drug Enforcement Administration
number, or license to practice has been denied, suspended,
canceled, surrendered, or revoked, the practitioner shall return to
the department all prescription stickers <forms> in the
practitioner's possession that <are issued under Subsection (a)
and> have not been used for prescriptions.
(l) Each prescribing practitioner:
(1) may use a prescription sticker only to prescribe
a controlled substance;
(2) shall date or sign an official prescription form
only on the date the prescription is issued; and
(3) shall take reasonable precautionary measures to
ensure that a prescription sticker issued to the practitioner is
not used by another person to violate this subchapter or a rule
adopted under this subchapter.
(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 substantial share of the pharmacy's business
involves the dispensing and 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
director; and
(B) is approved by the director in consultation
with the Texas State Board of Pharmacy.
(n) This section expires September 1, 2003.
<(i) The director may adopt rules to implement this section
and Section 481.076.>
SECTION ____. Section 481.076, Health and Safety Code, is
amended to read as follows:
Sec. 481.076. OFFICIAL <TRIPLICATE> PRESCRIPTION
INFORMATION. (a) The director may not permit any person to have
access to information submitted to the director <Department of
Public Safety> under Section 481.075 except:
(1) an investigator <investigators> for the Texas
State Board of Medical Examiners, the Texas State Board of
Podiatric Medical Examiners, the State Board of Dental Examiners,
the State Board of Veterinary Medical Examiners, or the Texas State
Board of Pharmacy; <or>
(2) an authorized officer or member <officers> of the
department <Department of Public Safety> engaged in the
administration, investigation, or enforcement of <suspected
criminal violations of> this chapter or another law governing
illicit drugs in this state or another state; or
(3) if the director finds that proper need has been
shown to the director:
(A) a 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;
(B) a pharmacist or practitioner who is a
physician, dentist, veterinarian, or podiatrist and is inquiring
about the recent Schedule II prescription history of a particular
patient of the practitioner; or
(C) a pharmacist or practitioner who is
inquiring about the person's own dispensing or prescribing activity
<who obtain access with the approval of an investigator listed in
Subdivision (1)>.
(b) This section does not prohibit the director from
creating, using, or disclosing statistical data about information
received by the director under this section if the director removes
any information reasonably likely to reveal the identity of each
patient, practitioner, or other person who is a subject of the
information. <An investigator listed in Subsection (a)(1) shall
cooperate with and assist the authorized officers of the
Department of Public Safety in obtaining information for
investigations of suspected criminal violations of this chapter.>
(c) The director by rule <Department of Public Safety> shall
design and implement a system for submission of information to the
director by electronic or other means and for retrieval of
information submitted to the director <department> under this
section and Section 481.075. The director <department> shall use
automated information security techniques and devices to preclude
improper access to the information. The director shall submit the
system design to the Texas State Board of Pharmacy and the Texas
State Board of Medical Examiners for review and approval or comment
a 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 director <Department of
Public Safety> 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) <drug-related criminal investigatory or
evidentiary purposes or for> investigatory or evidentiary purposes
in connection with the functions of an agency listed in Subsection
(a)(1); or
(3) dissemination by the director 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.
(e) The director <Department of Public Safety> shall remove
from the information retrieval system, destroy, and make
irretrievable the record of the identity of a patient submitted
under this section to the director <department> not later than the
end of the 12th calendar month after the month in which the
identity is entered into the system. However, the director
<department> may retain a patient identity that is 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.
(f) If the director permits access to information under
Subsection (a)(2) relating to a person licensed or regulated by an
agency listed in Subsection (a)(1), the director shall notify and
cooperate with that agency regarding the disposition of the matter
before taking action against the person, unless the director
determines that notification is reasonably likely to interfere with
an administrative or criminal investigation or prosecution.
(g) If the director permits access to information under
Subsection (a)(3)(A) relating to a person licensed or 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
unless:
(1) the person to whom the information is disclosed
requests the director to withhold notification to the agency; and
(2) the director determines that notification is
reasonably likely to interfere with an administrative or criminal
investigation or prosecution.
(h) If the director withholds notification to an agency
under Subsection (g), the director shall notify the agency of the
disclosure of the information and the reason for withholding
notification when the director determines that notification is no
longer likely to interfere with an administrative or criminal
investigation or prosecution.
(i) Information submitted to the director under Section
481.075 is confidential and remains confidential regardless of
whether the director permits access to the information under this
section.
(j) This section expires September 1, 2003. <The department
shall report semiannually, based on the state fiscal year, to the
Legislative Budget Board certifying that this subsection has been
complied with and setting forth in detail the results of monthly
audits showing that identities have been removed from the system
and made irretrievable in compliance with this subsection. The
department shall correct any failure to comply with this subsection
as soon as practicable after discovery. A person who is
responsible for a failure to comply with this subsection is subject
to disciplinary action, including dismissal.>
SECTION ____. Subchapter C, Chapter 481, Health and Safety
Code, is amended by adding Section 481.0761 to read as follows:
Sec. 481.0761. RULES; AUTHORITY TO CONTRACT. (a) The
director shall consult with the Texas State Board of Pharmacy and
by rule establish and revise as necessary a standardized database
format that may be used by a pharmacy to transmit the information
required by Section 481.075(i) to the director electronically or to
deliver the information on storage media, including disks, tapes,
and cassettes.
(b) The director shall consult with the Texas Department of
Health, the Texas State Board of Pharmacy, and the Texas State
Board of Medical Examiners and by rule may:
(1) remove a controlled substance listed in Schedule
II from the official prescription program, if the director
determines that the burden imposed by the program substantially
outweighs the risk of diversion of the particular controlled
substance; or
(2) return a substance previously removed from
Schedule II to the official prescription program, if the director
determines that the risk of diversion substantially outweighs the
burden imposed by the program on the particular controlled
substance.
(c) The director by rule may:
(1) permit more than one prescription to be
administered or dispensed and recorded on one official prescription
form;
(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;
(5) establish a procedure to control the release of
information under Sections 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 director by rule shall authorize a practitioner to
determine whether it is necessary to obtain a particular patient
identification number and to provide that number on the official
prescription form.
(e) In adopting a rule relating to the electronic transfer
of information under this subchapter, the director shall 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.
The director may not adopt a rule relating to the electronic
transfer of information under this subchapter that imposes a fee in
addition to the fee authorized by Section 481.064.
(f) The director may authorize a contract between the
department and another agency of this state or a private vendor as
necessary to ensure the effective operation of the official
prescription program.
(g) This section expires September 1, 2003.
SECTION ____. Section 481.127(a), Health and Safety Code, is
amended to read as follows:
(a) A person commits an offense if the person <intentionally
or> knowingly gives, permits, or obtains unauthorized access to
information submitted to the director <Department of Public Safety>
under Section 481.075.
SECTION ____. Section 481.129(a), Health and Safety Code, is
amended to read as follows:
(a) A person commits an offense if the person knowingly <or
intentionally>:
(1) distributes as a registrant or dispenser a
controlled substance listed in Schedule I or II, unless the person
distributes the controlled substance under an order form as
required by Section 481.069;
(2) uses in the course of manufacturing, prescribing,
or distributing a controlled substance a registration number that
is fictitious, revoked, suspended, or issued to another person;
(3) uses a <triplicate> prescription sticker <form>
issued to another person to prescribe a Schedule II controlled
substance;
(4) possesses or attempts to possess 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
(5) 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 ____. Section 552.118, Government Code, is amended to
read as follows:
Sec. 552.118. EXCEPTION: OFFICIAL <TRIPLICATE> PRESCRIPTION
FORM. Information is excepted from the requirements of Section
552.021 if it is information on or derived from an official <a
triplicate> prescription form filed with the director of the
Department of Public Safety under Section 481.075, Health and
Safety Code.
SECTION ____. Section 3.06(d)(6)(J)(i), Medical Practice Act
(Article 4495b, Vernon's Texas Civil Statutes), is amended to read
as follows:
(i) A physician may delegate to a
physician assistant offering obstetrical services and certified by
the board as specializing in obstetrics or an advanced nurse
practitioner recognized by the Texas State Board of Nurse Examiners
as a nurse midwife the act or acts of administering or providing
controlled substances to the nurse midwife's or physician
assistant's clients during intra-partum and immediate post-partum
care. The physician may <shall> not delegate the use of a
prescription sticker or the use or issuance of an official <a
triplicate> prescription form under <the triplicate prescription
program,> Section 481.075, Health and Safety Code.
(3) Strike SECTIONS 29, 30, and 31 of the bill and
substitute the following appropriately numbered SECTIONS to the
bill:
SECTION ____. Except as otherwise provided by this Act, this
Act takes effect January 1, 1998.
SECTION ____. Not later than December 1, 1997, the
commissioner of public health shall file with the secretary of
state for publication in the Texas Register a list of substances
designated in Schedules I through V under Subchapter B, Chapter
481, Health and Safety Code, as amended by this Act. The list
shall take effect January 1, 1998. A schedule in effect
immediately before the effective date of this Act continues in
effect until January 1, 1998. This section takes effect September
1, 1997.
SECTION ____. The changes in law made by this Act relating to
a prescription written under the triplicate prescription program
take effect September 1, 1999, except that Section 481.0761, Health
and Safety Code, as added by this Act, takes effect September 1,
1997. The director of the Department of Public Safety by rule may
permit the use of triplicate or single prescription forms during a
period of transition, but not after March 1, 1999.
SECTION ____. The change in law made by this Act does not
affect any retention, use, or destruction requirement of Section
481.075 or 481.076, Health and Safety Code, that relates to a
prescription written under the triplicate prescription program
before September 1, 1999. A provision of those sections relating
to retention of a triplicate record by a practitioner or pharmacist
or the use or destruction of information obtained through the
triplicate prescription program by the Department of Public Safety
continues in effect for the purpose of governing the disposition of
any triplicate prescription record or any information arising from
a triplicate prescription written before September 1, 1999.
SECTION ____. (a) Except as provided by Subsection (b) of
this section, a change in law made by this Act applies only to an
offense committed on or after September 1, 1997. An offense
committed before September 1, 1997, is covered by the law in effect
when the offense was committed, and the former law is continued in
effect for this purpose.
(b) A change in law made by this Act to Section 481.127(a),
481.128(a), or 481.129(a), Health and Safety Code, applies only to
an offense committed under that section on or after September 1,
1999. An offense committed under one of those sections before
September 1, 1999, is covered by the law in effect when the offense
was committed, and the former law is continued in effect for this
purpose.
(c) For purposes of Subsection (a) or (b) of this section,
an offense was committed before September 1, 1997, or before
September 1, 1999, if any element of the offense occurred before
that date.
SECTION ____. The change in law made by this Act to Section
3.06(d)(6)(J)(i), Medical Practice Act (Article 4495b, Vernon's
Texas Civil Statutes), does not affect the dispensing of a Schedule
II controlled substance by a pharmacist to:
(1) a certified registered nurse anesthetist for use
in providing anesthesia or anesthesia-related services under the
Medical Practice Act; or
(2) a certified nurse midwife or a physician assistant
certified by the Texas State Board of Medical Examiners as
specializing in obstetrics for use in administering a Schedule II
controlled substance to a client during the provision of
intra-partum and immediate postpartum care under the Medical
Practice Act.
(4) Renumber the existing SECTIONS of the bill
accordingly.