RLV C.S.H.B. 226 75(R)BILL ANALYSIS


PUBLIC HEALTH
C.S.H.B. 226
By: Hirschi
3-19-97
Committee Report (Substituted)



BACKGROUND

Triplicate prescription forms are currently used by the Texas Department
of Public Safety (DPS) to monitor the prescription of Schedule II drugs.
As the population has grown and new classification of drugs has been
implemented, triplicate prescriptions have steadily increased. Yet, the
method used to monitor the administration, dispersement or prescription of
these drugs is often inefficient and inadequate. Technology is currently
available to allow the Department of Public Safety to monitor Class II
prescriptions electronically using a central database.   

PURPOSE

CSHB 226 will eliminate the need for paper triplicate prescription forms
and allow for the electronic transfer  and monitoring of all Schedule II
prescription drugs through the creation of a central repository managed by
the DPS. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants additional
rulemaking authority to the director of the central repository at DPS,
under SECTION 2 (Section 481.075(k), Health and Safety Code) and to DPS
and its director in SECTION 13 (Subsection(b)). 

SECTION BY SECTION ANALYSIS

SECTION 1.  is added and cites Subchapter C,  Chapter 481, Health and
Safety Code, as the Controlled Substance Accessibility and Anti-Diversion
Act.  

SECTION 2.  Amends Section 481.075, Health and Safety Code, as follows:

Subsection (a)  requires a pharmacist who dispenses a controlled substance
listed in Schedule II to transmit specified information to a central
repository designated by the DPS. 

Subsection (b) requires the pharmacist to transmit the information
required by Subsection (a) except as provided by Subsection (c) according
to the following: 

(1)  by the 15th day after the date the controlled substance was
dispensed; and 

(2)  on an electronic devise as specified.

Subsection (c)  requires a pharmacist to transmit the information listed
in Subsection (a) by the 15th day after the date the pharmacist completes
dispensing a partial quantity Schedule II controlled substance in
accordance with Section 481.074 (f) Health and Safety Code. 

Subsection (d)  requires the director of the central depository
administered by DPS to control access to all information submitted under
this section.  Establishes the information is confidential and prohibits
the director from allowing any person to have access to the information
except as specified in this subsection. 
 
Subsection (e)  requires the investigator under Subsection (d)(1) to
cooperate with authorized officers of the DPS in obtaining information for
investigation of suspected criminal violations of this chapter. 

Subsection (f)  establishes that the information submitted to the central
depository may be used only as specified in this subsection. 

Subsection (g)  requires the central repository to:

(1)  be capable of providing the collected information in formats required
by DPS, including dispensations by the entities specified in this
subsection. 

(2)  provide DPS with on-line access to the collected information at all
times; 

(3)  secure the collected information against access by an unauthorized
person; and 

(4)  if the relationship between the central repository is terminated,
establishes that the department is provided with all collected information
in a timely manner and in a format readily usable by DPS. 

Subsection (h) allows DPS to:

(1)  contract with a vendor to serve as or provide the central repository;
or 

(2)  purchase necessary equipment to create the central repository within
DPS. 

Subsection (i)  requires DPS to ensure that information that reveals the
identity of a recipient of a controlled substance is removed from the
central repository and destroyed so that the information is irretrievable
by the end of the 12th calendar month after the month in which the
information is submitted to the central repository.  Notwithstanding this,
DPS may retain information under specified circumstances. 

Subsection (j)  requires DPS to issue a report semiannually, based on the
state fiscal year, to the Legislative Budget Board that certifies
compliance with Subsection (i) and provides detailed results of monthly
audits showing that identities of recipients have been removed from the
central repository and made irretrievable as required by Subsection (i).
Requires DPS to correct any failure to comply with Subsection (i) as soon
as practicable upon discovery.  Establishes that a person who is
responsible for failure to comply with Subsection (i) is subject to
disciplinary action, including dismissal. 

Subsection (k)  requires the director of the repository to adopt rules to
implement this section. 

Subsection (l)  defines "department" as the Department of Public Safety.
Deletes original language of this section regarding Triplicate
Prescription Program.. 

SECTION 3.  Amends Section 481.068 (b), Health and Safety Code, as follows:

Subsection (b) deletes reference to Section 481.075(d) regarding oral
prescriptions prescribed as an excepted provision. Makes conforming word
change. 

SECTION 4.  Amends Sections 481.074 (b), (c), and (f), Health and Safety
Code  as follows: 

Subsection (b) deletes reference to Sec. 481.075(g) regarding the
prohibition on the dispensing or administering of a controlled substance
listed in Schedule II without a written prescription from a practitioner,
and amends it to add that the prescription provide information necessary
to enable the person to comply with Section 481.075.  Deletes reference to
meeting the requirement of sending a copy of the record to DPS by the 30th
day after the prescription filled date.  Deletes requirement for inclusion
of DEA number, name, and address of prescribing practitioner in the
written prescription record. 

Subsection (c)  removes provision requiring written prescription to be
completed as directed under Section 481.075.  Requires the pharmacist to
fill and file written prescription upon receipt.  Deletes language
requiring pharmacists to send a prescription copy to the DPS. 

Subsection (f)  deletes reference to Copy 1 and Copy 2 of the
prescriptions. 

SECTION 5.  Amends Section 481.127 (a), Health and Safety Code, to replace
reference to "Department of Public Safety" with "central repository". 

SECTION 6.  Amends Section 481.128 (a ), Health and Safety Code, to delete
Subdivisions(4), (5)and (7) regarding triplicate prescription
counterfeiting and forfeiture of pad.  Makes numbered conforming changes.  

SECTION 7.  Amends Section 481.129(a). Health and Safety Code, to delete
Subsection(a)(3) regarding the use of another person's triplicate
prescription to prescribe a controlled substance. Makes numbered
conforming changes. 

SECTION 8.  Amends Section 3.06(d)(6)(J)(i), Medical Practice Act (Article
4495b, Vernon's Texas Civil Statutes), to change reference from "offering"
to "providing" in this subsection on physicians delegating certain
obstetric services to physician assistants.  Deletes provisions for
triplicate prescription requirements. Deletes statement that the physician
assistant should be board certified in obstetrics.   

SECTION 9.  Amends Section 552.118, Government Code, as follows:

Section 552.118.  EXCEPTION:  CERTAIN PRESCRIPTIONS.  Deletes subtitle.
Excepts information relating to a prescription for a controlled substance
submitted to the central repository under Section 481.075, Health and
Safety Code, from the requirements of Section 552. 021, Government Code.
Deletes language regarding triplicate prescription form filed at the DPS. 

SECTION 10.  Repeals the following provisions of the Health and Safety
Code: 

 (1)  Section 481.002(47)  regarding the definition of triplicate
prescription forms; and 

(2) Section 481.076 regarding triplicate prescription information.

SECTION 11.  Establishes that the change in law does not affect the
retention, use, or destruction requirements of Sections 481.075 or
481.076, Health and Safety Code, that relate to prescriptions written
under the triplicate prescription program before January 1, 1998.
Establishes that the provisions of those sections relating to retention of
triplicate records by practitioners and pharmacists and the use and
destruction of information obtained through this program by DPS continue
in effect for purposes defined by this program written before January 1,
1998. 

SECTION 12.  A change in the law by this Act of Sections 481.127(a),
481.128(a), 481.129(a), Health and Safety Code, establishes that an
offense committed prior to January 1, 1998 is not considered an offense
under this new provision. An offense committed prior to January 1, 1998 is
covered by those sections as they existed on the date the offense was
committed and the former law is continued in effect for this purpose.
Establishes that any portion of an offense committed prior to January 1,
1998 is subject to the law in effect before this Act.  

SECTION 13.  Subsection (a) establishes the effective date of this Act to
be January 1, 1998, except as provided under Subsection (b) of this
section.. 

Subsection (b) allows the DPS and its director to adopt rules and take all
action necessary  to ensure that the central repository is prepared to
begin accepting information under Section 481.075, Health and Safety Code,
beginning on the date this Act becomes law. 

SECTION 14.  Emergency Clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1 is added and entitles Subchapter C, Chapter 481, Health and
Safety Code, as the Controlled Substance Accessibility and Anti-Diversion
Act.  The title is added to allow quick reference to this section.
Conforming SECTION number changes are made.  

SECTION 2.  Sec.  481.075(a)(2) adds the words "if available" to the
provision regarding National Drug Code number.  Sec.  481.075(b)(2) adds
the words "facsimile transmission" to the forms of transmittable
information. 

SECTION 4.  Sections 481.074(f) reinserts deleted language in the original
bill regarding the recording of partially filled prescriptions by
pharmacists.   

SECTION 5.  Subchapter D, Chapter 481, Sec.  481.1271 is deleted from the
CSHB 226 and replaced with Section 481.127(a). 

SECTION 12.  Makes clarifying language changes and establishes that an
offense begun prior to January 1, 1998 is subject to the law in  effect
before this Act. 

The changes made in CSHB 226 are to include provisions that are now
technologically available, to account for the partial filling of a
triplicate prescription, and to make clarifying language changes regarding
the committing of an offense.