75R11888 PEP-D
By Van de Putte H.B. No. 2319
Substitute the following for H.B. No. 2319:
By Berlanga C.S.H.B. No. 2319
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to laws regulating the distribution and dispensation of
1-3 controlled substances and to the enforcement of those laws.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 481.002, Health and Safety Code, is
1-6 amended by amending Subdivision (47) and adding Subdivisions (50),
1-7 (51), (52), (53), and (54) to read as follows:
1-8 (47) "Official [Triplicate] prescription form" means a
1-9 [an official Department of Public Safety] prescription form that
1-10 contains the prescription information required by Section 481.075
1-11 and to which is affixed a prescription sticker [used to administer,
1-12 dispense, prescribe, or deliver to an ultimate user a controlled
1-13 substance listed in Schedule II].
1-14 (50) "Patient identification number" means:
1-15 (A) a unique number assigned to the person by
1-16 the department or by an analogous department of another state that
1-17 appears on the person's driver's license or personal identification
1-18 certificate;
1-19 (B) the registration number assigned to the
1-20 person under Chapter 13, Election Code;
1-21 (C) a unique number assigned to the person by an
1-22 agency of the United States that appears on the person's social
1-23 security card, military identification card, passport, visa, work
1-24 permit, or other identification card;
2-1 (D) for a person younger than 18 years of age
2-2 who has not been issued a document described by Paragraph (A), (B),
2-3 or (C), the number assigned to the person's parent or guardian that
2-4 appears on a document described by those paragraphs issued to that
2-5 parent or guardian; or
2-6 (E) for an animal, the number assigned to the
2-7 animal's owner that appears on a document described by Paragraph
2-8 (A), (B), (C), or (D).
2-9 (51) "Department" means the Department of Public
2-10 Safety.
2-11 (52) "Driver's license" has the meaning assigned that
2-12 term by Section 521.001, Transportation Code.
2-13 (53) "Personal identification certificate" means a
2-14 certificate issued under Subchapter E, Chapter 521, Transportation
2-15 Code.
2-16 (54) "Prescription sticker" means a prescription
2-17 sticker issued by the director under Section 481.075.
2-18 SECTION 2. Subchapter A, Chapter 481, Health and Safety
2-19 Code, is amended by adding Section 481.003 to read as follows:
2-20 Sec. 481.003. RULES. The director may adopt rules to
2-21 administer and enforce this chapter.
2-22 SECTION 3. Section 481.064, Health and Safety Code, is
2-23 amended to read as follows:
2-24 Sec. 481.064. [RULES;] REGISTRATION FEES. (a) [The
2-25 director may adopt reasonable rules.]
2-26 [(b)] The director may charge an annual registration fee of
2-27 not more than $25. The director by rule shall set the amount of
3-1 the fee at the amount that is [$5 for the costs] necessary to
3-2 cover the cost of administering and enforcing [administer] this
3-3 subchapter [chapter]. Except as provided by Subsection (b) [(c)],
3-4 registrants shall pay the fees to the director.
3-5 (b) [(c)] The director may authorize a contract between the
3-6 department [Department of Public Safety] and an appropriate state
3-7 agency for the collection and remittance of the fees. The director
3-8 by rule may provide for remittance of the fees collected by state
3-9 agencies for the department.
3-10 (c) [(d)] The director shall deposit the collected fees [in
3-11 the state treasury] to the credit of the operator's and chauffeur's
3-12 license account in the general revenue fund. The fees may be used
3-13 only by the department [Department of Public Safety] in the
3-14 administration or enforcement of this subchapter [chapter].
3-15 SECTION 4. Section 481.074, Health and Safety Code, is
3-16 amended by amending Subsections (a), (b), (c), and (f) and adding
3-17 Subsections (m) and (n) to read as follows:
3-18 (a) A pharmacist may not:
3-19 (1) dispense or deliver a controlled substance or
3-20 cause a controlled substance to be dispensed or delivered under the
3-21 pharmacist's direction or supervision except under a valid
3-22 prescription and in the course of professional practice;
3-23 (2) fill a prescription that is not prepared or issued
3-24 as prescribed by this chapter;
3-25 (3) permit or allow a person who is not a licensed
3-26 pharmacist or pharmacist intern to dispense, distribute, or in any
3-27 other manner deliver a controlled substance even if under the
4-1 supervision of a pharmacist, except that after the pharmacist or
4-2 pharmacist intern has fulfilled his professional and legal
4-3 responsibilities, a nonpharmacist may complete the actual cash or
4-4 credit transaction and delivery; or
4-5 (4) permit the delivery of a controlled substance to
4-6 any person not known to the pharmacist, the pharmacist intern, or
4-7 the person authorized by the pharmacist to deliver the controlled
4-8 substance without first requiring identification of the person
4-9 taking possession of the controlled substance, except as provided
4-10 by Subsection (n) [; if the person taking possession of the
4-11 controlled substance does not have identification and the
4-12 pharmacist determines that the controlled substance is needed for
4-13 the immediate well-being of the patient, delivery may be made; this
4-14 subsection does not prohibit the delivery by mail or authorized
4-15 delivery person of a controlled substance to a person or the
4-16 address of the person authorized by prescription to receive that
4-17 controlled substance].
4-18 (b) Except in an emergency as defined by rule of the
4-19 director or as provided by Section 481.075(j) [481.075(g)], a
4-20 person may not dispense or administer a controlled substance listed
4-21 in Schedule II without the written prescription of a practitioner
4-22 on an official prescription [a] form that meets the requirements of
4-23 and is completed by the practitioner in accordance with Section
4-24 481.075, and if the controlled substance is to be dispensed, the
4-25 practitioner must be registered under Section 481.063. In an
4-26 emergency, a person may dispense or administer a controlled
4-27 substance listed in Schedule II on the oral or telephonically
5-1 communicated prescription of a practitioner. The person who
5-2 administers or dispenses the substance shall:
5-3 (1) if the person is a prescribing practitioner or a
5-4 pharmacist, promptly comply with Subsection (c); or
5-5 (2) if the person is not a prescribing practitioner or
5-6 a pharmacist, promptly write the oral or telephonically
5-7 communicated prescription and [shall] include in the written record
5-8 of the prescription the name, address, and Federal Drug Enforcement
5-9 Administration number of the prescribing practitioner, all
5-10 information required to be provided by a [the] practitioner under
5-11 Section 481.075(e)(1) [481.075(d)], and all information required to
5-12 be provided by a [the] dispensing pharmacist under Section
5-13 481.075(e)(2) [481.075(f). The person shall send a copy of the
5-14 written record to the Department of Public Safety not later than
5-15 the 30th day after the date the prescription is filled].
5-16 (c) Not later than 72 hours after authorizing an emergency
5-17 oral or telephonically communicated prescription, the prescribing
5-18 practitioner shall cause a written prescription, completed in the
5-19 manner required by Section 481.075, to be delivered in person or
5-20 mailed to the dispensing pharmacist at the pharmacy where the
5-21 prescription was dispensed. The envelope of a prescription
5-22 delivered by mail must be postmarked not later than 72 hours after
5-23 the prescription was authorized. On receipt of the prescription,
5-24 the dispensing pharmacy shall file the transcription of the
5-25 telephonically communicated prescription and the pharmacy copy.
5-26 The pharmacist or the pharmacy that employs the pharmacist shall
5-27 send all information required by the director, including any
6-1 information required to complete an official prescription form, to
6-2 the director by electronic transfer, a universal claim form
6-3 customarily used by pharmaceutical service providers, or other form
6-4 approved by the director [to the Department of Public Safety the
6-5 department's copy] not later than the 30th day after the date the
6-6 prescription was dispensed.
6-7 (f) A prescription for a Schedule II controlled substance
6-8 written for a patient in a long-term care facility (LTCF) or for a
6-9 patient with a medical diagnosis documenting a terminal illness may
6-10 be filled in partial quantities to include individual dosage units.
6-11 If there is any question about whether a patient may be classified
6-12 as having a terminal illness, the pharmacist must contact the
6-13 practitioner prior to partially filling the prescription. Both the
6-14 pharmacist and the practitioner have a corresponding responsibility
6-15 to assure that the controlled substance is for a terminally ill
6-16 patient. The pharmacist must record [on] the prescription on an
6-17 official prescription form and must indicate on the form whether
6-18 the patient is "terminally ill" or an "LTCF patient." A
6-19 prescription that is partially filled and does not contain the
6-20 notation "terminally ill" or "LTCF patient" shall be deemed to have
6-21 been filled in violation of this Act. For each partial filling,
6-22 the dispensing pharmacist shall record on the back of [Copy 1 and
6-23 Copy 2 of] the official prescription form the date of the partial
6-24 filling, the quantity dispensed, the remaining quantity authorized
6-25 to be dispensed, and the identification of the dispensing
6-26 pharmacist. Prior to any subsequent partial filling, the
6-27 pharmacist is to determine that the additional partial filling is
7-1 necessary. The total quantity of Schedule II controlled substances
7-2 dispensed in all partial fillings must not exceed the total
7-3 quantity prescribed. Schedule II prescriptions for patients in a
7-4 long-term care facility or patients with a medical diagnosis
7-5 documenting a terminal illness shall be valid for a period not to
7-6 exceed 30 days from the issue date unless sooner terminated by
7-7 discontinuance of the medication.
7-8 (m) A pharmacist may permit the delivery of a controlled
7-9 substance by an authorized delivery person, by a person known to
7-10 the pharmacist, a pharmacist intern, or the authorized delivery
7-11 person, or by mail to the person or address of the person
7-12 authorized by the prescription to receive the controlled substance.
7-13 If a pharmacist permits delivery of a controlled substance under
7-14 this subsection, the pharmacist shall retain in the records of the
7-15 pharmacy for a period of not less than two years:
7-16 (1) the name of the authorized delivery person, if
7-17 delivery is made by that person;
7-18 (2) the name of the person known to the pharmacist, a
7-19 pharmacist intern, or the authorized delivery person if delivery is
7-20 made by that person; or
7-21 (3) the mailing address to which delivery is made, if
7-22 delivery is made by mail.
7-23 (n) A pharmacist may permit the delivery of a controlled
7-24 substance to a person not known to the pharmacist, a pharmacist
7-25 intern, or the authorized delivery person without first requiring
7-26 the identification of the person to whom the controlled substance
7-27 is delivered if the pharmacist determines that an emergency exists
8-1 and that the controlled substance is needed for the immediate
8-2 well-being of the patient for whom the controlled substance is
8-3 prescribed. If a pharmacist permits delivery of a controlled
8-4 substance under this subsection, the pharmacist shall retain in the
8-5 records of the pharmacy for a period of not less than two years all
8-6 information relevant to the delivery known to the pharmacist,
8-7 including the name, address, and date of birth or age of the person
8-8 to whom the controlled substance is delivered. The pharmacist
8-9 shall also retain in the records of the pharmacy for a period of
8-10 not less than two years the patient identification number of the
8-11 person to whom the controlled substance is delivered if the person
8-12 has such a number and that number is required by the prescribing
8-13 practitioner.
8-14 SECTION 5. Section 481.075, Health and Safety Code, is
8-15 amended to read as follows:
8-16 Sec. 481.075. OFFICIAL [TRIPLICATE] PRESCRIPTION PROGRAM.
8-17 (a) A practitioner who prescribes a controlled substance listed
8-18 in Schedule II shall, except as provided by rule adopted under
8-19 Section 481.0761, record the prescription on a prescription form
8-20 that includes the information required by this section and affix
8-21 to the form a prescription sticker issued by the director under
8-22 this section [that meets the requirements of Subsection (b)].
8-23 (b) Each prescription sticker must be sequentially numbered
8-24 and produced in a manner that makes impossible removal of the
8-25 sticker from the prescription form to which it is affixed.
8-26 (c) The director [Department of Public Safety] shall issue
8-27 prescription stickers [the forms] to practitioners for a fee
9-1 covering the actual cost of printing, [and] processing [the forms],
9-2 and mailing [containers, and binders and the actual cost of
9-3 mailing] the stickers [forms] at 100 stickers [forms] a package.
9-4 Before mailing or otherwise delivering prescription stickers
9-5 [forms] to a practitioner, the director [department] shall print on
9-6 each sticker the number of the sticker and any other information
9-7 the director determines is necessary [forms the practitioner's
9-8 name, address, Department of Public Safety registration number, and
9-9 Federal Drug Enforcement Administration number].
9-10 (d) A person may not obtain a [the] prescription sticker
9-11 [forms] unless the person is a practitioner as defined by Section
9-12 481.002(39)(A) or an institutional practitioner.
9-13 (e) [(b)] Each prescription form used to prescribe a
9-14 Schedule II controlled substance must [be serially numbered and in
9-15 triplicate, with the original copy labeled "Copy 1," the duplicate
9-16 copy labeled "Copy 2," and the triplicate copy labeled "Copy 3."
9-17 Each form must] contain [spaces for]:
9-18 (1) information provided by the prescribing
9-19 practitioner, including:
9-20 (A) the date the prescription is written;
9-21 (B) [(2) the date the prescription is filled;]
9-22 [(3)] the controlled substance [drug] prescribed;
9-23 (C) the quantity of controlled substance
9-24 prescribed, shown numerically followed by the number written as a
9-25 word;
9-26 (D) the intended use of the controlled substance
9-27 or the diagnosis for which it is prescribed[, the dosage,] and the
10-1 instructions for use of the substance;
10-2 (E) [(4)] the practitioner's name, address, and
10-3 Federal Drug Enforcement Administration number [of the dispensing
10-4 pharmacy and the name of the pharmacist who fills the
10-5 prescription]; and
10-6 (F) [(5)] the name, address, date of birth or
10-7 [and] age, and patient identification number of the person for whom
10-8 the controlled substance is prescribed;
10-9 (2) information provided by the dispensing pharmacist,
10-10 including the date the prescription is filled; and
10-11 (3) the signatures of the prescribing practitioner and
10-12 the dispensing pharmacist.
10-13 (f) [(c)] Not more than one prescription may be recorded on
10-14 an official [a] prescription form, except as provided by rule
10-15 adopted under Section 481.0761.
10-16 (g) [(d)] Except for oral prescriptions prescribed under
10-17 Section 481.074(b), the prescribing practitioner shall:
10-18 (1) legibly fill in, or direct a designated agent to
10-19 legibly fill in, on [all three copies of] the official prescription
10-20 form, each item of information required to be [in the space]
10-21 provided by the prescribing practitioner under Subsection (e)(1),
10-22 unless the practioner determines that:
10-23 (A) under rule adopted by the director for this
10-24 purpose, it is unnecessary for the practitioner or the
10-25 practitioner's agent to provide the patient identification number
10-26 [the date the prescription is written]; or
10-27 (B) it is not in the best interest of the
11-1 patient for the practitioner or practitioner's agent to provide
11-2 information regarding [the drug prescribed, the quantity (shown
11-3 numerically followed by the number written as a word), instructions
11-4 for use, and] the intended use of the controlled substance [drug]
11-5 or the diagnosis for which it [the controlled substance] is
11-6 prescribed; and
11-7 [(C) the name, address, and age of the patient
11-8 or, in the case of an animal, its owner, for whom the controlled
11-9 substance is prescribed;]
11-10 (2) sign [Copies 1 and 2 of] the official prescription
11-11 form and give the form [them] to the person authorized to receive
11-12 the prescription[; and]
11-13 [(3) retain Copy 3 of the form with the practitioner's
11-14 records for at least two years after the date the prescription is
11-15 written].
11-16 (h) [(e)] In the case of an oral prescription prescribed
11-17 under Section 481.074(b), the prescribing practitioner shall give
11-18 the dispensing pharmacy the information needed to complete the
11-19 form.
11-20 (i) [(f)] Each dispensing pharmacist shall:
11-21 (1) fill in on [Copies 1 and 2 of] the official
11-22 prescription form each item of [in the space provided the]
11-23 information given orally to the dispensing pharmacy under
11-24 Subsection (h), the date the prescription is filled, and the
11-25 dispensing pharmacist's signature [not required to be filled in by
11-26 the prescribing practitioner or the Department of Public Safety];
11-27 (2) [indicate the total quantity dispensed on the face
12-1 of the triplicate prescription form;]
12-2 [(3)] retain [Copy 2] with the records of the pharmacy
12-3 for at least two years:
12-4 (A) the official prescription form; and
12-5 (B) the name or other patient identification
12-6 required by Section 481.074(m) or (n); and
12-7 (3) [(4) sign Copy 1 and] send all information
12-8 required by the director, including any information required to
12-9 complete an official prescription form, [it] to the director by
12-10 electronic transfer, a universal claim form customarily used by
12-11 pharmaceutical service providers, or other form approved by the
12-12 director [Department of Public Safety] not later than the 30th day
12-13 after the date the prescription is filled or not later than the
12-14 30th day after the completion of a prescription dispensed under
12-15 Section 481.074(f).
12-16 (j) [(g)] A medication order written for a patient who is
12-17 admitted to a hospital at the time the medication order is written
12-18 and filled is not required to be on a form that meets the
12-19 requirements of this section.
12-20 (k) [(h)] Not later than the 30th [seventh] day after the
12-21 date a practitioner's department [Department of Public Safety]
12-22 registration number, Federal Drug Enforcement Administration
12-23 number, or license to practice has been denied, suspended,
12-24 canceled, surrendered, or revoked, the practitioner shall return to
12-25 the department all prescription stickers [forms] in the
12-26 practitioner's possession that [are issued under Subsection (a)
12-27 and] have not been used for prescriptions.
13-1 (l) Each prescribing practitioner:
13-2 (1) may use a prescription sticker only to prescribe
13-3 a controlled substance;
13-4 (2) shall date or sign an official prescription form
13-5 only on the date the prescription is issued; and
13-6 (3) shall take reasonable precautionary measures to
13-7 ensure that a prescription sticker issued to the practitioner is
13-8 not used by another person to violate this subchapter or a rule
13-9 adopted under this subchapter.
13-10 (m) A dispensing pharmacist in this state may fill a
13-11 prescription issued in another state if the prescription is for a
13-12 controlled substance listed in Schedule II and is issued by a
13-13 prescribing practitioner in the other state in the ordinary course
13-14 of practice. A dispensing pharmacist who fills a prescription
13-15 under this subsection shall send to the director all information
13-16 with respect to that prescription that is required to be sent to
13-17 the director with respect to a prescription for a Schedule II
13-18 controlled substance that is issued in this state.
13-19 (n) This section expires September 1, 2003.
13-20 [(i) The director may adopt rules to implement this section
13-21 and Section 481.076.]
13-22 SECTION 6. Section 481.076, Health and Safety Code, is
13-23 amended to read as follows:
13-24 Sec. 481.076. OFFICIAL [TRIPLICATE] PRESCRIPTION
13-25 INFORMATION. (a) The director may not permit any person to have
13-26 access to information submitted to the director [Department of
13-27 Public Safety] under Section 481.075 except:
14-1 (1) an investigator [investigators] for the Texas
14-2 State Board of Medical Examiners, the Texas State Board of
14-3 Podiatric Medical Examiners, the State Board of Dental Examiners,
14-4 the State Board of Veterinary Medical Examiners, or the Texas State
14-5 Board of Pharmacy; [or]
14-6 (2) an authorized officer or member [officers] of the
14-7 department [Department of Public Safety] engaged in the
14-8 administration, investigation, or enforcement of [suspected
14-9 criminal violations of] this chapter or another law governing
14-10 illicit drugs in this state or another state; or
14-11 (3) if the director finds that proper need has been
14-12 shown to the director:
14-13 (A) a law enforcement or prosecutorial official
14-14 engaged in the administration, investigation, or enforcement of
14-15 this chapter or another law governing illicit drugs in this state
14-16 or another state;
14-17 (B) a pharmacist or practitioner who is a
14-18 physician, dentist, veterinarian, or podiatrist and is inquiring
14-19 about the recent Schedule II prescription history of a particular
14-20 patient of the practitioner; or
14-21 (C) a pharmacist or practitioner who is
14-22 inquiring about the person's own dispensing or prescribing activity
14-23 [who obtain access with the approval of an investigator listed in
14-24 Subdivision (1)].
14-25 (b) This section does not prohibit the director from
14-26 creating, using, or disclosing statistical data about information
14-27 received by the director under this section if the director removes
15-1 any information reasonably likely to reveal the identity of each
15-2 patient, practitioner, or other person who is a subject of the
15-3 information. [An investigator listed in Subsection (a)(1) shall
15-4 cooperate with and assist the authorized officers of the
15-5 Department of Public Safety in obtaining information for
15-6 investigations of suspected criminal violations of this chapter.]
15-7 (c) The director by rule [Department of Public Safety] shall
15-8 design and implement a system for submission of information to the
15-9 director by electronic or other means and for retrieval of
15-10 information submitted to the director [department] under this
15-11 section and Section 481.075. The director [department] shall use
15-12 automated information security techniques and devices to preclude
15-13 improper access to the information. The director shall submit the
15-14 system design to the Texas State Board of Pharmacy and the Texas
15-15 State Board of Medical Examiners for review and approval or comment
15-16 a reasonable time before implementation of the system and shall
15-17 comply with the comments of those agencies unless it is
15-18 unreasonable to do so.
15-19 (d) Information submitted to the director [Department of
15-20 Public Safety] under this section may be used only for:
15-21 (1) the administration, investigation, or enforcement
15-22 of this chapter or another law governing illicit drugs in this
15-23 state or another state;
15-24 (2) [drug-related criminal investigatory or
15-25 evidentiary purposes or for] investigatory or evidentiary purposes
15-26 in connection with the functions of an agency listed in Subsection
15-27 (a)(1); or
16-1 (3) dissemination by the director to the public in the
16-2 form of a statistical tabulation or report if all information
16-3 reasonably likely to reveal the identity of each patient,
16-4 practitioner, or other person who is a subject of the information
16-5 has been removed.
16-6 (e) The director [Department of Public Safety] shall remove
16-7 from the information retrieval system, destroy, and make
16-8 irretrievable the record of the identity of a patient submitted
16-9 under this section to the director [department] not later than the
16-10 end of the 36th [12th] calendar month after the month in which the
16-11 identity is entered into the system. However, the director
16-12 [department] may retain a patient identity that is necessary for
16-13 use in a specific ongoing investigation conducted in accordance
16-14 with this section until the 30th day after the end of the month in
16-15 which the necessity for retention of the identity ends.
16-16 (f) If the director permits access to information under
16-17 Subsection (a)(2) relating to a person licensed or regulated by an
16-18 agency listed in Subsection (a)(1), the director shall notify and
16-19 cooperate with that agency regarding the disposition of the matter
16-20 before taking action against the person, unless the director
16-21 determines that notification is reasonably likely to interfere with
16-22 an administrative or criminal investigation or prosecution.
16-23 (g) If the director permits access to information under
16-24 Subsection (a)(3)(A) relating to a person licensed or regulated by
16-25 an agency listed in Subsection (a)(1), the director shall notify
16-26 that agency of the disclosure of the information not later than the
16-27 10th working day after the date the information is disclosed
17-1 unless:
17-2 (1) the person to whom the information is disclosed
17-3 requests the director to withhold notification to the agency; and
17-4 (2) the director determines that notification is
17-5 reasonably likely to interfere with an administrative or criminal
17-6 investigation or prosecution.
17-7 (h) If the director withholds notification to an agency
17-8 under Subsection (g), the director shall notify the agency of the
17-9 disclosure of the information and the reason for withholding
17-10 notification when the director determines that notification is no
17-11 longer likely to interfere with an administrative or criminal
17-12 investigation or prosecution.
17-13 (i) Information submitted to the director under Section
17-14 481.075 is confidential and remains confidential regardless of
17-15 whether the director permits access to the information under this
17-16 section.
17-17 (j) This section expires September 1, 2003. [The department
17-18 shall report semiannually, based on the state fiscal year, to the
17-19 Legislative Budget Board certifying that this subsection has been
17-20 complied with and setting forth in detail the results of monthly
17-21 audits showing that identities have been removed from the system
17-22 and made irretrievable in compliance with this subsection. The
17-23 department shall correct any failure to comply with this subsection
17-24 as soon as practicable after discovery. A person who is
17-25 responsible for a failure to comply with this subsection is subject
17-26 to disciplinary action, including dismissal.]
17-27 SECTION 7. Subchapter C, Chapter 481, Health and Safety
18-1 Code, is amended by adding Section 481.0761 to read as follows:
18-2 Sec. 481.0761. RULES; AUTHORITY TO CONTRACT. (a) The
18-3 director shall consult with the Texas State Board of Pharmacy and
18-4 by rule establish and revise as necessary a standardized database
18-5 format that may be used by a pharmacy to transmit the information
18-6 required by Section 481.075(i) to the director electronically or to
18-7 deliver the information on storage media, including disks, tapes,
18-8 and cassettes.
18-9 (b) The director shall consult with the Texas Department of
18-10 Health, the Texas State Board of Pharmacy, and the Texas State
18-11 Board of Medical Examiners and by rule may:
18-12 (1) remove a controlled substance listed in Schedule
18-13 II from the official prescription program, if the director
18-14 determines that the burden imposed by the program substantially
18-15 outweighs the risk of diversion of the particular controlled
18-16 substance; or
18-17 (2) return a substance previously removed from
18-18 Schedule II to the official prescription program, if the director
18-19 determines that the risk of diversion substantially outweighs the
18-20 burden imposed by the program on the particular controlled
18-21 substance.
18-22 (c) The director by rule may:
18-23 (1) permit more than one prescription to be
18-24 administered or dispensed and recorded on one official prescription
18-25 form;
18-26 (2) remove from or return to the official prescription
18-27 program any aspect of the professional practice of practitioners or
19-1 pharmacists, including administering or dispensing;
19-2 (3) waive or delay any requirement relating to the
19-3 time or manner of reporting;
19-4 (4) establish compatibility protocols for electronic
19-5 data transfer hardware, software, or format;
19-6 (5) permit the use of triplicate or single
19-7 prescription forms during a period of transition;
19-8 (6) establish a procedure to control the release of
19-9 information under Sections 481.075 and 481.076; and
19-10 (7) establish a minimum level of prescription activity
19-11 below which a reporting activity may be modified or deleted.
19-12 (d) The director by rule shall authorize a prescribing
19-13 practitioner to determine whether it is necessary to obtain a
19-14 particular patient identification number and to provide that number
19-15 on the official prescription form.
19-16 (e) In adopting a rule relating to the electronic transfer
19-17 of information under this subchapter, the director shall consider
19-18 the economic impact of the rule on practitioners and pharmacists
19-19 and, to the extent permitted by law, act to minimize any negative
19-20 economic impact, including the imposition of costs related to
19-21 computer hardware or software or to the transfer of information.
19-22 The director may not adopt a rule relating to the electronic
19-23 transfer of information under this subchapter that imposes a fee in
19-24 addition to the fee authorized by Section 481.064.
19-25 (f) The director may authorize a contract between the
19-26 department and another agency of this state or a private vendor as
19-27 necessary to ensure the effective operation of the official
20-1 prescription program.
20-2 (g) This section expires September 1, 2003.
20-3 SECTION 8. Section 481.127(a), Health and Safety Code, is
20-4 amended to read as follows:
20-5 (a) A person commits an offense if the person [intentionally
20-6 or] knowingly gives, permits, or obtains unauthorized access to
20-7 information submitted to the director [Department of Public Safety]
20-8 under Section 481.075.
20-9 SECTION 9. Section 481.128(a), Health and Safety Code, is
20-10 amended to read as follows:
20-11 (a) A registrant or dispenser commits an offense if the
20-12 registrant or dispenser knowingly [or intentionally]:
20-13 (1) distributes, delivers, administers, or dispenses a
20-14 controlled substance in violation of Sections 481.070-481.075
20-15 [481.070-481.074];
20-16 (2) manufactures a controlled substance not authorized
20-17 by the person's registration or distributes or dispenses a
20-18 controlled substance not authorized by the person's registration to
20-19 another registrant or other person;
20-20 (3) refuses or fails to make, keep, or furnish a
20-21 record, report, notification, order form, statement, invoice, or
20-22 information required by this chapter;
20-23 (4) prints, manufactures, possesses, or produces a
20-24 prescription sticker or official [triplicate] prescription form
20-25 without the approval of the director [Department of Public Safety];
20-26 (5) delivers or possesses a counterfeit prescription
20-27 sticker or official [triplicate] prescription form;
21-1 (6) refuses an entry into a premise for an inspection
21-2 authorized by this chapter;
21-3 (7) refuses or fails to return a [triplicate]
21-4 prescription sticker [form] as required by Section 481.075(k)
21-5 [481.075(h)]; or
21-6 (8) refuses or fails to make, keep, or furnish a
21-7 record, report, notification, order form, statement, invoice, or
21-8 information required by a rule adopted [before June 1, 1991,] by
21-9 the director.
21-10 SECTION 10. Section 481.129(a), Health and Safety Code, is
21-11 amended to read as follows:
21-12 (a) A person commits an offense if the person knowingly [or
21-13 intentionally]:
21-14 (1) distributes as a registrant or dispenser a
21-15 controlled substance listed in Schedule I or II, unless the person
21-16 distributes the controlled substance under an order form as
21-17 required by Section 481.069;
21-18 (2) uses in the course of manufacturing, prescribing,
21-19 or distributing a controlled substance a registration number that
21-20 is fictitious, revoked, suspended, or issued to another person;
21-21 (3) uses a [triplicate] prescription sticker [form]
21-22 issued to another person to prescribe a Schedule II controlled
21-23 substance;
21-24 (4) possesses or attempts to possess a controlled
21-25 substance:
21-26 (A) by misrepresentation, fraud, forgery,
21-27 deception, or subterfuge;
22-1 (B) through use of a fraudulent prescription
22-2 form; or
22-3 (C) through use of a fraudulent oral or
22-4 telephonically communicated prescription; or
22-5 (5) furnishes false or fraudulent material information
22-6 in or omits material information from an application, report,
22-7 record, or other document required to be kept or filed under this
22-8 chapter.
22-9 SECTION 11. Section 552.118, Government Code, is amended to
22-10 read as follows:
22-11 Sec. 552.118. EXCEPTION: OFFICIAL [TRIPLICATE] PRESCRIPTION
22-12 FORM. Information is excepted from the requirements of Section
22-13 552.021 if it is information on or derived from an official [a
22-14 triplicate] prescription form filed with the director of the
22-15 Department of Public Safety under Section 481.075, Health and
22-16 Safety Code.
22-17 SECTION 12. Section 3.06(d)(6)(J)(i), Medical Practice Act
22-18 (Article 4495b, Vernon's Texas Civil Statutes), is amended to read
22-19 as follows:
22-20 (i) A physician may delegate to a
22-21 physician assistant offering obstetrical services and certified by
22-22 the board as specializing in obstetrics or an advanced nurse
22-23 practitioner recognized by the Texas State Board of Nurse Examiners
22-24 as a nurse midwife the act or acts of administering or providing
22-25 controlled substances to the nurse midwife's or physician
22-26 assistant's clients during intra-partum and immediate post-partum
22-27 care. The physician may [shall] not delegate the use of a
23-1 prescription sticker or the use or issuance of an official [a
23-2 triplicate] prescription form under [the triplicate prescription
23-3 program,] Section 481.075, Health and Safety Code.
23-4 SECTION 13. Except as otherwise provided by this section,
23-5 this Act takes effect September 1, 1999. Section 7 of this Act
23-6 takes effect September 1, 1997.
23-7 SECTION 14. The change in law made by this Act does not
23-8 affect any retention, use, or destruction requirement of Section
23-9 481.075 or 481.076, Health and Safety Code, that relates to a
23-10 prescription written under the triplicate prescription program
23-11 before September 1, 1999. A provision of those sections relating
23-12 to retention of a triplicate record by a practitioner or pharmacist
23-13 or the use or destruction of information obtained through the
23-14 triplicate prescription program by the Department of Public Safety
23-15 continues in effect for the purpose of governing the disposition of
23-16 any triplicate prescription record or any information arising from
23-17 a triplicate prescription written before September 1, 1999.
23-18 SECTION 15. A change in law made to Section 481.127(a),
23-19 481.128(a), or 481.129(a), Health and Safety Code, by this Act
23-20 applies only to an offense committed under that section on or after
23-21 September 1, 1999. An offense committed under one of those
23-22 sections before September 1, 1999, is covered by the law in effect
23-23 when the offense was committed, and the former law is continued in
23-24 effect for that purpose. For purposes of this section, an offense
23-25 was committed before September 1, 1999, if any element of the
23-26 offense occurred before that date.
23-27 SECTION 16. The change in law made by this Act to Section
24-1 3.06(d)(6)(J)(i), Medical Practice Act (Article 4495b, Vernon's
24-2 Texas Civil Statutes), does not affect the dispensing of a Schedule
24-3 II controlled substance by a pharmacist to:
24-4 (1) a certified registered nurse anesthetist for use
24-5 in providing anesthesia or anesthesia-related services under the
24-6 Medical Practice Act; or
24-7 (2) a certified nurse midwife or a physician assistant
24-8 certified by the Texas State Board of Medical Examiners as
24-9 specializing in obstetrics for use in administering a Schedule II
24-10 controlled substance to a client during the provision of
24-11 intra-partum and immediate postpartum care under the Medical
24-12 Practice Act.
24-13 SECTION 17. The importance of this legislation and the
24-14 crowded condition of the calendars in both houses create an
24-15 emergency and an imperative public necessity that the
24-16 constitutional rule requiring bills to be read on three several
24-17 days in each house be suspended, and this rule is hereby suspended.