SRC-CDH C.S.S.B. 1245 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1245
By: Madla
Health & Human Services
4-18-97
Committee Report (Substituted)


DIGEST 

Currently, the Controlled Substances Act requires that 
prescriptions written for Schedule II 
Controlled Substances be issued on special, serially numbered, 
triplicate prescriptions.  It also 
closely restricts dissemination to use by specific agencies for 
drug-related investigations, even 
prohibiting release of statistical information.  When a 
prescription is issued, one of the copies is sent 
to the Department of Public Safety (DPS) where the information on 
it is automated by data entry 
clerks.  In 1988, 626,105 prescriptions were received, and each 
subsequent year, the number 
increased until, in 1996, 1,347,086 prescriptions were received, 
an increase of 115 percent.  There 
is now technology available that will allow automated information 
to be collected directly from 
pharmacies and ultimately eliminate the need for most manual data 
entry.  

This legislation would change the triplicate prescription to a 
single-copy, official prescription, and 
allow pharmacies to electronically transmit prescriptions to DPS 
rather than mail them in an effort 
to alleviate some of the record-keeping burden imposed under the 
current system.  In addition, this 
bill would allow DPS to manage the increase in prescriptions 
without hiring additional employees, 
and would fund the program's administration and enforcement by 
increasing the fees collected. 
C.S.S.B. 1245 would also provide more recent and current 
information than is presently possible, 
and would broaden DPS' rulemaking authority regarding the 
official prescription program.

PURPOSE

As proposed, C.S.S.B. 1245 provides for laws regulating the 
distribution and dispensation of 
controlled substances and establishes the enforcement of those 
laws.

RULEMAKING AUTHORITY

Rulemaking authority is granted to the director of the Department 
of Public Safety or an employee 
of the department designated by the director in SECTIONS 2, 3, 6, 
and 7 (Sections 481.003, 
481.064(a), 481.076(c), and 481.0761(a)-(d), Health and Safety 
Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 481.002, Health and Safety Code, by 
amending Subdivision (47), 
and by adding Subdivisions (50)-(54), to define "official 
prescription form," "patient identification 
number," "department," "driver's license," "personal 
identification certificate," and "prescription 
sticker."  Deletes the definition of "triplicate prescription 
form."

SECTION 2. Amends Chapter 481A, Health and Safety Code, by adding 
Section 481.003, as 
follows:

Sec. 481.003.  RULES.  Authorizes the director of the 
Department of Public Safety 
(department), or an employee of the department designated by 
the director (director) to adopt 
rules to administer and enforce this chapter.

SECTION 3. Amends Section 481.064, Health and Safety Code, as 
follows:

Sec. 481.064.  New heading:  REGISTRATION FEES.  Deletes the 
provision authorizing 
the director to adopt reasonable rules.  Authorizes the 
director to charge an annual
 registration fee of not more than $25.  Requires the 
director, by rule, to set the amount of the 
fee at the amount necessary to cover the cost of 
administering and enforcing this subchapter. 
Deletes the provision authorizing the director to charge a 
fee of not more than $5 for the 
costs necessary to administer this chapter.  Requires the 
director to deposit the collected fees 
to the credit of the operator's and chauffeur's license 
account in the general revenue fund, 
rather than in the state treasury.  Makes conforming 
changes.

SECTION 4. Amends Section 481.074, Health and Safety Code, by 
amending Subsections (a)-(c) 
and (f), and adding Subsections (m) and (n), to prohibit a person 
from dispensing or administering 
a controlled substance listed in Schedule II without an official 
prescription form that meets certain 
requirements, with certain exceptions.  Requires the person who 
administers or dispenses the 
substance, if the person is a prescribing practitioner or a 
pharmacist, to promptly comply with 
Subsection (c); or if the person is not a prescribing 
practitioner or a pharmacist, promptly write the 
prescription and include certain information in the written 
record of the prescription.  Deletes the 
provision requiring the person to send a copy of the written 
record to the department by a certain 
date.  Requires the pharmacist or pharmacy that employs the 
pharmacist to send all information 
required by the director to the director by specified means by a 
certain date, rather than sending to 
the department the department's copy by a certain date.  Sets 
forth the terms by which a pharmacist 
is authorized to permit the delivery of a controlled substance by 
certain persons, and is required to 
retain in pharmacy records certain information regarding the 
delivery for a period of not less than 
three years.  Provides an exception in the case of emergency.  
Makes conforming changes. 

SECTION 5. Amends Section 481.075, Health and Safety Code, by 
amending Subsections (a)-(d), 
(f), (h), and (i), as follows:

Sec. 481.075.  New heading:  OFFICIAL PRESCRIPTION PROGRAM.  
Requires a 
practitioner who prescribes certain controlled substances to 
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.  Requires 
prescription stickers to be numbered 
and produced in a certain manner.  Requires the director, 
rather than the department, to issue 
prescription stickers for a fee to cover certain costs.  
Requires each form used to prescribe 
a Schedule II controlled substance to contain certain 
information to be provided by the 
prescribing practitioner; information provided by the 
dispensing pharmacist; and the 
signatures of the prescribing practitioner and the 
dispensing pharmacist.  Requires the 
prescribing practitioner, with certain exceptions, to fill 
in certain information on the form. 
Requires each dispensing pharmacist to fill in certain 
information on the form; retain the 
form and certain patient identification information within 
pharmacy records for a set period; 
and send certain information to the director by electronic 
transfer by a specified date. 
Requires a practitioner whose number or license has been 
denied, suspended, canceled, 
surrendered, or revoked, to return to the department all 
forms that have not been used for 
prescriptions not later than the 30th, rather than the 
seventh, day after the suspension, 
cancellation, or revocation.  Authorizes each prescribing 
practitioner to use a prescription 
sticker only to prescribe a controlled substance, and sets 
forth other requirements of a 
prescribing practitioner regarding the official prescription 
program.  Sets forth the terms by 
which a dispensing pharmacist is authorized to fill a 
prescription issued in another state. 
Provides that this section expires September 1, 2003.  
Deletes the provisions regarding the 
triplicate prescription program, and the provision 
authorizing the director to adopt rules to 
implement this section and Section 481.076.  Makes 
conforming changes. 

SECTION 6. Amends Section 481.076, Health and Safety Code, as 
follows:

Sec. 481.076.  New heading:  OFFICIAL PRESCRIPTION 
INFORMATION.  Prohibits the 
director from permitting any person to have access to 
information submitted to the director 
under Section 481.075 except an investigator from certain 
boards; an authorized officer or 
member of the department engaged in the administration, 
investigation, or enforcement of 
this chapter or another law governing illicit drugs in this 
state or another state;  or certain law 
enforcement officials, prosecutorial officials, pharmacists, 
or practitioners, if the director 
finds that proper need has been shown.  Provides that this 
section does not prohibit the 
director from creating, using, or disclosing statistical 
data about information received,
 provided certain conditions are met.  Requires the director, 
rather than the department, by 
rule, to design and implement a system for submission of 
information to the director by 
electronic or other means and for retrieval of information. 
Authorizes information submitted 
to the director to be used only for the administration, 
investigation, or enforcement of this 
chapter, or another law governing illicit drugs in this  
state or another state; investigatory 
purposes in connection with certain agencies; or 
dissemination of a statistical tabulation or 
report, provided certain conditions are met.  Requires the 
director to remove certain 
information from the information retrieval system not later 
than a certain date, and authorizes 
the director to retain certain information necessary for an 
investigation until a certain date. 
Requires the director, if the director releases information 
under Subsection (a)(2), to notify 
and cooperate with that agency regarding the disposition of 
the matter before taking action 
against the person, unless notification is likely to 
interfere with an administrative or criminal 
investigation or prosecution; and to notify the agency of 
the disclosure of the information by 
a certain date unless certain circumstances exist.  Requires 
the director, if he or she withholds 
notification, to notify the agency of the disclosure and the 
reason for withholding 
notification.  Provides that information submitted to the 
director under Section 481.075 is 
confidential, and establishes that this section expires 
September 1, 2003.  Deletes the 
provisions regarding triplicate prescription information.  
Makes conforming changes.     

SECTION 7. Amends Chapter 481C, Health and Safety Code, by adding 
Section 481.0761, as 
follows:

Sec. 481.0761.  RULES; AUTHORITY TO CONTRACT.  Requires the 
director to consult 
with the Texas State Board of Pharmacy (board) and by rule, 
to 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(f) to the director. 
Requires the director to consult 
with certain entities, and to be authorized, by rule, to 
remove a controlled substance listed 
in Schedule II from the official prescription program; or 
return a substance previously 
removed from Schedule II to the official program.  
Authorizes the director, by rule, to permit 
more than one prescription to be administered or dispensed 
and recorded on one form; 
remove from or return to the program any aspect of the 
professional practice of practitioners 
or pharmacists, including administering or dispensing; waive 
or delay any requirement 
relating to the time or manner of reporting; establish 
compatibility protocols for electronic 
data transfer hardware, software, or format; permit the use 
of triplicate or single prescription 
forms; establish a procedure to control the release of 
information under Sections 481.075 and 
481.076; and establish a minimum level of prescription 
activity.  Requires the director, by 
rule, to authorize a prescribing practitioner to determine 
the necessity of obtaining and 
providing a particular patient identification number.  
Requires the director, in adopting a rule, 
to consider the economic impact of the rule on practitioners 
and pharmacists.  Prohibits the 
director from adopting a rule relating to certain electronic 
transfers of information. 
Authorizes the director to authorize a contract between the 
department and another agency 
or a private vendor.  Provides that this section expires 
September 1, 2003.    

SECTION 8. Amends Section 481.127(a), Health and Safety Code, to 
provide that a person 
commits an offense if the person knowingly gives, permits, or 
obtains unauthorized access to 
information submitted to the director under Section 481.075.  
Makes conforming changes.

SECTION 9. Amends Section 481.128(a), Health and Safety Code, to 
delete the provision making 
it an offense if a registrant or dispenser knowingly refuses or 
fails to abide by a certain rule adopted 
before June 1, 1991.  Makes conforming changes.   

SECTION 10. Amends Section 481.129(a), Health and Safety Code, to 
make conforming changes.

SECTION 11. Amends Section 552.118, Government Code, as follows:

Sec. 552.118.  New heading:  EXCEPTION:  OFFICIAL 
PRESCRIPTION FORM.  Makes 
conforming changes.

SECTION 12. Amends Section 3.06(d)(6)(J)(i), Article 4495b, 
V.T.C.S., to authorize, rather than
require, a physician to delegate the use of a prescription 
sticker or the use or issuance of an official 
prescription form.  Makes conforming changes.

SECTION 13. Effective date:  September 1, 1999, except as 
otherwise provided by this section.
  Effective date for SECTION 7:  September 1, 1997.

SECTION 14. Makes application of this Act prospective to September 
1, 1999 regarding a 
prescription written under the triplicate prescription program.  

SECTION 15. Makes application of this Act prospective to September 
1, 1999 regarding an offense.

SECTION 16. Provides that the change in law made by this Act to 
Section 3.06(d)(6)(J)(k), Article 
4495b, V.T.C.S., does not affect the dispensing of a Schedule II 
controlled substance by a pharmacist 
to certain persons.  

SECTION 17. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 481.002, Health and Safety Code, to redefine 
"official prescription form," 
and add the definition for "prescription sticker."

SECTION 4.

Amends Section 481.064, Health and Safety Code, to require a 
pharmacist who permits the 
delivery of a controlled substance by certain persons to 
retain certain information in the 
pharmacy records for not less than two, rather than three, 
years.  

SECTION 5.

Amends Section 481.075, Health and Safety Code, to change 
several provisions regarding 
the official prescription program, particularly as it 
relates to the use of prescription stickers 
issued by the director.  Replaces all references  to "forms" 
with "prescription stickers." 
Changes the terms under which each prescription form used to 
prescribe a Schedule II 
controlled substance must contain certain information.  
Amends the responsibilities of a 
prescribing practitioner in filling out an official 
prescription form.  Sets forth the terms by 
which a dispensing pharmacist in Texas may fill a 
prescription issued in another state. 
Provides that this section expires September 1, 2003. 

SECTION 6.

Amends Section 481.076, Health and Safety Code, to replace 
the reference to "the recent 
prescription history of a particular patient" with "the 
recent Schedule II prescription history 
of a particular patient."  Requires the director, if he or 
she permits access to information 
relating to a person licensed or regulated by certain 
agencies, to notify that agency of the 
disclosure by a certain date.  Requires the director, if he 
or she withholds notification, to 
notify the agency of the disclosure and the reason for 
withholding notification.  Provides that 
information submitted to the director is confidential, and 
that this section expires September 
1, 2003.

SECTION 7.

Amends Section 481.0761, Health and Safety Code, to require 
the director, by rule, to 
authorize a prescribing practitioner to determine whether it 
is necessary to obtain a patient 
identification number, rather than requiring the director, 
by rule, to establish a standard to 
be used by a prescribing practitioner in determining 
resolution of the same issue.  Amends 
the terms regarding adoption of a rule by the director 
relating to the electronic transfer of
 information.  Provides that this section expires September 
1, 2003.

SECTION 8.

Amends Section 481.128(a), Health and Safety Code, to 
replace the reference to "official 
prescription form" with "prescription sticker or official 
prescription form."

SECTION 12.

Amends Section 3.06(d)(6)(J)(i), Article 4495b, V.T.C.S., to 
authorize, rather than require, 
a physician to delegate the use of a prescription sticker or 
the use or issuance of an official 
prescription form under Section 481.075, Health and Safety 
Code.  

SECTION 14.

Changes the application of this Act regarding a prescription 
written under the triplicate 
prescription program to September 1, 1999, rather than 
January 1, 1999.

SECTION 16.

Provides that the change in law made by this Act to Section 
3.06(d)(6)(J)(i), Article 4495b, 
V.T.C.S., does not affect the dispensing of a Schedule II 
controlled substance by a 
pharmacist to certain persons.