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.