By: Madla S.B. No. 1245
A BILL TO BE ENTITLED
AN ACT
1-1 relating to laws regulating the distribution and dispensation of
1-2 controlled substances and to the enforcement of those laws.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 481.002, Health and Safety Code, is
1-5 amended by amending Subdivision (47) and adding Subdivisions (50),
1-6 (51), (52), (53), and (54) to read as follows:
1-7 (47) "Official [Triplicate] prescription form" means a
1-8 [an official Department of Public Safety] prescription form that
1-9 contains the prescription information required by Section 481.075
1-10 and to which is affixed a prescription sticker [used to administer,
1-11 dispense, prescribe, or deliver to an ultimate user a controlled
1-12 substance listed in Schedule II].
1-13 (50) "Patient identification number" means:
1-14 (A) a unique number assigned to the person by
1-15 the department or by an analogous department of another state that
1-16 appears on the person's driver's license or personal identification
1-17 certificate;
1-18 (B) the registration number assigned to the
1-19 person under Chapter 13, Election Code;
1-20 (C) a unique number assigned to the person by an
1-21 agency of the United States that appears on the person's social
1-22 security card, military identification card, passport, visa, work
1-23 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.]
3-1 [(b)] The director may charge an annual registration fee of
3-2 not more than $25. The director by rule shall set the amount of
3-3 the fee at the amount that is [$5 for the costs] necessary to cover
3-4 the cost of administering and enforcing [administer] this
3-5 subchapter [chapter]. Except as provided by Subsection (b) [(c)],
3-6 registrants shall pay the fees to the director.
3-7 (b) [(c)] The director may authorize a contract between the
3-8 department [Department of Public Safety] and an appropriate state
3-9 agency for the collection and remittance of the fees. The director
3-10 by rule may provide for remittance of the fees collected by state
3-11 agencies for the department.
3-12 (c) [(d)] The director shall deposit the collected fees [in
3-13 the state treasury] to the credit of the operator's and chauffeur's
3-14 license account in the general revenue fund. The fees may be used
3-15 only by the department [Department of Public Safety] in the
3-16 administration or enforcement of this subchapter [chapter].
3-17 SECTION 4. Section 481.074, Health and Safety Code, is
3-18 amended by amending Subsections (a), (b), (c), and (f) and adding
3-19 Subsections (m) and (n) to read as follows:
3-20 (a) A pharmacist may not:
3-21 (1) dispense or deliver a controlled substance or
3-22 cause a controlled substance to be dispensed or delivered under the
3-23 pharmacist's direction or supervision except under a valid
3-24 prescription and in the course of professional practice;
3-25 (2) fill a prescription that is not prepared or issued
4-1 as prescribed by this chapter;
4-2 (3) permit or allow a person who is not a licensed
4-3 pharmacist or pharmacist intern to dispense, distribute, or in any
4-4 other manner deliver a controlled substance even if under the
4-5 supervision of a pharmacist, except that after the pharmacist or
4-6 pharmacist intern has fulfilled his professional and legal
4-7 responsibilities, a nonpharmacist may complete the actual cash or
4-8 credit transaction and delivery; or
4-9 (4) permit the delivery of a controlled substance to
4-10 any person not known to the pharmacist, the pharmacist intern, or
4-11 the person authorized by the pharmacist to deliver the controlled
4-12 substance without first requiring identification of the person
4-13 taking possession of the controlled substance, except as provided
4-14 by Subsection (n)[; if the person taking possession of the
4-15 controlled substance does not have identification and the
4-16 pharmacist determines that the controlled substance is needed for
4-17 the immediate well-being of the patient, delivery may be made; this
4-18 subsection does not prohibit the delivery by mail or authorized
4-19 delivery person of a controlled substance to a person or the
4-20 address of the person authorized by prescription to receive that
4-21 controlled substance].
4-22 (b) Except in an emergency as defined by rule of the
4-23 director or as provided by Section 481.075(j) [481.075(g)], a
4-24 person may not dispense or administer a controlled substance listed
4-25 in Schedule II without the written prescription of a practitioner
5-1 on an official prescription [a] form that meets the requirements of
5-2 and is completed by the practitioner in accordance with Section
5-3 481.075, and if the controlled substance is to be dispensed, the
5-4 practitioner must be registered under Section 481.063. In an
5-5 emergency, a person may dispense or administer a controlled
5-6 substance listed in Schedule II on the oral or telephonically
5-7 communicated prescription of a practitioner. The person who
5-8 administers or dispenses the substance shall:
5-9 (1) if the person is a prescribing practitioner or a
5-10 pharmacist, promptly comply with Subsection (c); or
5-11 (2) if the person is not a prescribing practitioner or
5-12 a pharmacist, promptly write the oral or telephonically
5-13 communicated prescription and [shall] include in the written record
5-14 of the prescription the name, address, and Federal Drug Enforcement
5-15 Administration number of the prescribing practitioner, all
5-16 information required to be provided by a [the] practitioner under
5-17 Section 481.075(e)(1) [481.075(d)], and all information required to
5-18 be provided by a [the] dispensing pharmacist under Section
5-19 481.075(e)(2) [481.075(f). The person shall send a copy of the
5-20 written record to the Department of Public Safety not later than
5-21 the 30th day after the date the prescription is filled].
5-22 (c) Not later than 72 hours after authorizing an emergency
5-23 oral or telephonically communicated prescription, the prescribing
5-24 practitioner shall cause a written prescription, completed in the
5-25 manner required by Section 481.075, to be delivered in person or
6-1 mailed to the dispensing pharmacist at the pharmacy where the
6-2 prescription was dispensed. The envelope of a prescription
6-3 delivered by mail must be postmarked not later than 72 hours after
6-4 the prescription was authorized. On receipt of the prescription,
6-5 the dispensing pharmacy shall file the transcription of the
6-6 telephonically communicated prescription and the pharmacy copy.
6-7 The pharmacist or the pharmacy that employs the pharmacist shall
6-8 send all information required by the director, including any
6-9 information required to complete an official prescription form, to
6-10 the director by electronic transfer, a universal claim form
6-11 customarily used by pharmaceutical service providers, or other form
6-12 approved by the director [to the Department of Public Safety the
6-13 department's copy] not later than the 30th day after the date the
6-14 prescription was dispensed.
6-15 (f) A prescription for a Schedule II controlled substance
6-16 written for a patient in a long-term care facility (LTCF) or for a
6-17 patient with a medical diagnosis documenting a terminal illness may
6-18 be filled in partial quantities to include individual dosage units.
6-19 If there is any question about whether a patient may be classified
6-20 as having a terminal illness, the pharmacist must contact the
6-21 practitioner prior to partially filling the prescription. Both the
6-22 pharmacist and the practitioner have a corresponding responsibility
6-23 to assure that the controlled substance is for a terminally ill
6-24 patient. The pharmacist must record [on] the prescription on an
6-25 official prescription form and must indicate on the form whether
7-1 the patient is "terminally ill" or an "LTCF patient." A
7-2 prescription that is partially filled and does not contain the
7-3 notation "terminally ill" or "LTCF patient" shall be deemed to have
7-4 been filled in violation of this Act. For each partial filling,
7-5 the dispensing pharmacist shall record on the back of [Copy 1 and
7-6 Copy 2 of] the official prescription form the date of the partial
7-7 filling, the quantity dispensed, the remaining quantity authorized
7-8 to be dispensed, and the identification of the dispensing
7-9 pharmacist. Prior to any subsequent partial filling, the
7-10 pharmacist is to determine that the additional partial filling is
7-11 necessary. The total quantity of Schedule II controlled substances
7-12 dispensed in all partial fillings must not exceed the total
7-13 quantity prescribed. Schedule II prescriptions for patients in a
7-14 long-term care facility or patients with a medical diagnosis
7-15 documenting a terminal illness shall be valid for a period not to
7-16 exceed 30 days from the issue date unless sooner terminated by
7-17 discontinuance of the medication.
7-18 (m) A pharmacist may permit the delivery of a controlled
7-19 substance by an authorized delivery person, by a person known to
7-20 the pharmacist, a pharmacist intern, or the authorized delivery
7-21 person, or by mail to the person or address of the person
7-22 authorized by the prescription to receive the controlled substance.
7-23 If a pharmacist permits delivery of a controlled substance under
7-24 this subsection, the pharmacist shall retain in the records of the
7-25 pharmacy for a period of not less than two years:
8-1 (1) the name of the authorized delivery person, if
8-2 delivery is made by that person;
8-3 (2) the name of the person known to the pharmacist, a
8-4 pharmacist intern, or the authorized delivery person if delivery is
8-5 made by that person; or
8-6 (3) the mailing address to which delivery is made, if
8-7 delivery is made by mail.
8-8 (n) A pharmacist may permit the delivery of a controlled
8-9 substance to a person not known to the pharmacist, a pharmacist
8-10 intern, or the authorized delivery person without first requiring
8-11 the identification of the person to whom the controlled substance
8-12 is delivered if the pharmacist determines that an emergency exists
8-13 and that the controlled substance is needed for the immediate
8-14 well-being of the patient for whom the controlled substance is
8-15 prescribed. If a pharmacist permits delivery of a controlled
8-16 substance under this subsection, the pharmacist shall retain in the
8-17 records of the pharmacy for a period of not less than two years all
8-18 information relevant to the delivery known to the pharmacist,
8-19 including the name, address, and date of birth or age of the person
8-20 to whom the controlled substance is delivered. The pharmacist
8-21 shall also retain in the records of the pharmacy for a period of
8-22 not less than two years the patient identification number of the
8-23 person to whom the controlled substance is delivered if the person
8-24 has such a number and that number is required by the prescribing
8-25 practitioner.
9-1 SECTION 5. Section 481.075, Health and Safety Code, is
9-2 amended to read as follows:
9-3 Sec. 481.075. OFFICIAL [TRIPLICATE] PRESCRIPTION PROGRAM.
9-4 (a) A practitioner who prescribes a controlled substance listed in
9-5 Schedule II shall, except as provided by rule adopted under
9-6 Section 481.0761, record the prescription on a prescription form
9-7 that includes the information required by this section and affix to
9-8 the form a prescription sticker issued by the director under this
9-9 section [that meets the requirements of Subsection (b)].
9-10 (b) Each prescription sticker must be sequentially numbered
9-11 and produced in a manner that makes impossible removal of the
9-12 sticker from the prescription form to which it is affixed.
9-13 (c) The director [Department of Public Safety] shall issue
9-14 prescription stickers [the forms] to practitioners for a fee
9-15 covering the actual cost of printing, [and] processing [the forms],
9-16 and mailing [containers, and binders and the actual cost of
9-17 mailing] the stickers [forms] at 100 stickers [forms] a package.
9-18 Before mailing or otherwise delivering prescription stickers
9-19 [forms] to a practitioner, the director [department] shall print on
9-20 each sticker the number of the sticker and any other information
9-21 the director determines is necessary [forms the practitioner's
9-22 name, address, Department of Public Safety registration number, and
9-23 Federal Drug Enforcement Administration number].
9-24 (d) A person may not obtain a [the] prescription sticker
9-25 [forms] unless the person is a practitioner as defined by Section
10-1 481.002(39)(A) or an institutional practitioner.
10-2 (e) [(b)] Each prescription form used to prescribe a
10-3 Schedule II controlled substance must [be serially numbered and in
10-4 triplicate, with the original copy labeled "Copy 1," the duplicate
10-5 copy labeled "Copy 2," and the triplicate copy labeled "Copy 3."
10-6 Each form must] contain [spaces for]:
10-7 (1) information provided by the prescribing
10-8 practitioner, including:
10-9 (A) the date the prescription is written;
10-10 (B) [(2) the date the prescription is filled;]
10-11 [(3)] the controlled substance [drug] prescribed;
10-12 (C) the quantity of the controlled substance
10-13 prescribed, shown numerically followed by the number written as a
10-14 word;
10-15 (D) the intended use of the controlled substance
10-16 or the diagnosis for which it is prescribed[, the dosage,] and the
10-17 instructions for use of the substance;
10-18 (E) [(4)] the practitioner's name, address, and
10-19 Federal Drug Enforcement Administration number [of the dispensing
10-20 pharmacy and the name of the pharmacist who fills the
10-21 prescription]; and
10-22 (F) [(5)] the name, address, date of birth or
10-23 [and] age, and patient identification number of the person for whom
10-24 the controlled substance is prescribed;
10-25 (2) information provided by the dispensing pharmacist,
11-1 including the date the prescription is filled; and
11-2 (3) the signatures of the prescribing practitioner and
11-3 the dispensing pharmacist.
11-4 (f) [(c)] Not more than one prescription may be recorded on
11-5 an official [a] prescription form, except as provided by rule
11-6 adopted under Section 481.0761.
11-7 (g) [(d)] Except for oral prescriptions prescribed under
11-8 Section 481.074(b), the prescribing practitioner shall:
11-9 (1) legibly fill in, or direct a designated agent to
11-10 legibly fill in, on [all three copies of] the official prescription
11-11 form, each item of information required to be [in the space]
11-12 provided by the prescribing practitioner under Subsection (e)(1),
11-13 unless the practitioner determines that:
11-14 (A) under rule adopted by the director for this
11-15 purpose, it is unnecessary for the practitioner or the
11-16 practitioner's agent to provide the patient identification number
11-17 [the date the prescription is written]; or
11-18 (B) it is not in the best interest of the
11-19 patient for the practitioner or practitioner's agent to provide
11-20 information regarding [the drug prescribed, the quantity (shown
11-21 numerically followed by the number written as a word), instructions
11-22 for use, and] the intended use of the controlled substance [drug]
11-23 or the diagnosis for which it [the controlled substance] is
11-24 prescribed; and
11-25 [(C) the name, address, and age of the patient
12-1 or, in the case of an animal, its owner, for whom the controlled
12-2 substance is prescribed;]
12-3 (2) sign [Copies 1 and 2 of] the official prescription
12-4 form and give the form [them] to the person authorized to receive
12-5 the prescription[; and]
12-6 [(3) retain Copy 3 of the form with the practitioner's
12-7 records for at least two years after the date the prescription is
12-8 written].
12-9 (h) [(e)] In the case of an oral prescription prescribed
12-10 under Section 481.074(b), the prescribing practitioner shall give
12-11 the dispensing pharmacy the information needed to complete the
12-12 form.
12-13 (i) [(f)] Each dispensing pharmacist shall:
12-14 (1) fill in on [Copies 1 and 2 of] the official
12-15 prescription form each item of [in the space provided the]
12-16 information given orally to the dispensing pharmacy under
12-17 Subsection (h), the date the prescription is filled, and the
12-18 dispensing pharmacist's signature [not required to be filled in by
12-19 the prescribing practitioner or the Department of Public Safety];
12-20 (2) [indicate the total quantity dispensed on the face
12-21 of the triplicate prescription form;]
12-22 [(3)] retain [Copy 2] with the records of the pharmacy
12-23 for at least two years:
12-24 (A) the official prescription form; and
12-25 (B) the name or other patient identification
13-1 required by Section 481.074(m) or (n); and
13-2 (3) [(4) sign Copy 1 and] send all information
13-3 required by the director, including any information required to
13-4 complete an official prescription form, [it] to the director by
13-5 electronic transfer, a universal claim form customarily used by
13-6 pharmaceutical service providers, or other form approved by the
13-7 director [Department of Public Safety] not later than the 30th day
13-8 after the date the prescription is filled or not later than the
13-9 30th day after the completion of a prescription dispensed under
13-10 Section 481.074(f).
13-11 (j) [(g)] A medication order written for a patient who is
13-12 admitted to a hospital at the time the medication order is written
13-13 and filled is not required to be on a form that meets the
13-14 requirements of this section.
13-15 (k) [(h)] Not later than the 30th [seventh] day after the
13-16 date a practitioner's department [Department of Public Safety]
13-17 registration number, Federal Drug Enforcement Administration
13-18 number, or license to practice has been denied, suspended,
13-19 canceled, surrendered, or revoked, the practitioner shall return to
13-20 the department all prescription stickers [forms] in the
13-21 practitioner's possession that [are issued under Subsection (a)
13-22 and] have not been used for prescriptions.
13-23 (l) Each prescribing practitioner:
13-24 (1) may use a prescription sticker only to prescribe a
13-25 controlled substance;
14-1 (2) shall date or sign an official prescription form
14-2 only on the date the prescription is issued; and
14-3 (3) shall take reasonable precautionary measures to
14-4 ensure that a prescription sticker issued to the practitioner is
14-5 not used by another person to violate this subchapter or a rule
14-6 adopted under this subchapter.
14-7 (m) A dispensing pharmacist in this state may fill a
14-8 prescription issued in another state if the prescription is for a
14-9 controlled substance listed in Schedule II and is issued by a
14-10 prescribing practitioner in the other state in the ordinary course
14-11 of practice. A dispensing pharmacist who fills a prescription
14-12 under this subsection shall send to the director all information
14-13 with respect to that prescription that is required to be sent to
14-14 the director with respect to a prescription for a Schedule II
14-15 controlled substance that is issued in this state.
14-16 (n) This section expires September 1, 2003.
14-17 [(i) The director may adopt rules to implement this section
14-18 and Section 481.076.]
14-19 SECTION 6. Section 481.076, Health and Safety Code, is
14-20 amended to read as follows:
14-21 Sec. 481.076. OFFICIAL [TRIPLICATE] PRESCRIPTION
14-22 INFORMATION. (a) The director may not permit any person to have
14-23 access to information submitted to the director [Department of
14-24 Public Safety] under Section 481.075 except:
14-25 (1) an investigator [investigators] for the Texas
15-1 State Board of Medical Examiners, the Texas State Board of
15-2 Podiatric Medical Examiners, the State Board of Dental Examiners,
15-3 the State Board of Veterinary Medical Examiners, or the Texas State
15-4 Board of Pharmacy; [or]
15-5 (2) an authorized officer or member [officers] of the
15-6 department [Department of Public Safety] engaged in the
15-7 administration, investigation, or enforcement of [suspected
15-8 criminal violations of] this chapter or another law governing
15-9 illicit drugs in this state or another state; or
15-10 (3) if the director finds that proper need has been
15-11 shown to the director:
15-12 (A) a law enforcement or prosecutorial official
15-13 engaged in the administration, investigation, or enforcement of
15-14 this chapter or another law governing illicit drugs in this state
15-15 or another state;
15-16 (B) a pharmacist or practitioner who is a
15-17 physician, dentist, veterinarian, or podiatrist and is inquiring
15-18 about the recent Schedule II prescription history of a particular
15-19 patient of the practitioner; or
15-20 (C) a pharmacist or practitioner who is
15-21 inquiring about the person's own dispensing or prescribing activity
15-22 [who obtain access with the approval of an investigator listed in
15-23 Subdivision (1)].
15-24 (b) This section does not prohibit the director from
15-25 creating, using, or disclosing statistical data about information
16-1 received by the director under this section if the director removes
16-2 any information reasonably likely to reveal the identity of each
16-3 patient, practitioner, or other person who is a subject of the
16-4 information. [An investigator listed in Subsection (a)(1) shall
16-5 cooperate with and assist the authorized officers of the Department
16-6 of Public Safety in obtaining information for investigations of
16-7 suspected criminal violations of this chapter.]
16-8 (c) The director by rule [Department of Public Safety] shall
16-9 design and implement a system for submission of information to the
16-10 director by electronic or other means and for retrieval of
16-11 information submitted to the director [department] under this
16-12 section and Section 481.075. The director [department] shall use
16-13 automated information security techniques and devices to preclude
16-14 improper access to the information. The director shall submit the
16-15 system design to the Texas State Board of Pharmacy and the Texas
16-16 State Board of Medical Examiners for review and approval or comment
16-17 a reasonable time before implementation of the system and shall
16-18 comply with the comments of those agencies unless it is
16-19 unreasonable to do so.
16-20 (d) Information submitted to the director [Department of
16-21 Public Safety] under this section may be used only for:
16-22 (1) the administration, investigation, or enforcement
16-23 of this chapter or another law governing illicit drugs in this
16-24 state or another state;
16-25 (2) [drug-related criminal investigatory or
17-1 evidentiary purposes or for] investigatory or evidentiary purposes
17-2 in connection with the functions of an agency listed in Subsection
17-3 (a)(1); or
17-4 (3) dissemination by the director to the public in the
17-5 form of a statistical tabulation or report if all information
17-6 reasonably likely to reveal the identity of each patient,
17-7 practitioner, or other person who is a subject of the information
17-8 has been removed.
17-9 (e) The director [Department of Public Safety] shall remove
17-10 from the information retrieval system, destroy, and make
17-11 irretrievable the record of the identity of a patient submitted
17-12 under this section to the director [department] not later than the
17-13 end of the 36th [12th] calendar month after the month in which the
17-14 identity is entered into the system. However, the director
17-15 [department] may retain a patient identity that is necessary for
17-16 use in a specific ongoing investigation conducted in accordance
17-17 with this section until the 30th day after the end of the month in
17-18 which the necessity for retention of the identity ends.
17-19 (f) If the director permits access to information under
17-20 Subsection (a)(2) relating to a person licensed or regulated by an
17-21 agency listed in Subsection (a)(1), the director shall notify and
17-22 cooperate with that agency regarding the disposition of the matter
17-23 before taking action against the person, unless the director
17-24 determines that notification is reasonably likely to interfere with
17-25 an administrative or criminal investigation or prosecution.
18-1 (g) If the director permits access to information under
18-2 Subsection (a)(3)(A) relating to a person licensed or regulated by
18-3 an agency listed in Subsection (a)(1), the director shall notify
18-4 that agency of the disclosure of the information not later than the
18-5 10th working day after the date the information is disclosed
18-6 unless:
18-7 (1) the person to whom the information is disclosed
18-8 requests the director to withhold notification to the agency; and
18-9 (2) the director determines that notification is
18-10 reasonably likely to interfere with an administrative or criminal
18-11 investigation or prosecution.
18-12 (h) If the director withholds notification to an agency
18-13 under Subsection (g), the director shall notify the agency of the
18-14 disclosure of the information and the reason for withholding
18-15 notification when the director determines that notification is no
18-16 longer likely to interfere with an administrative or criminal
18-17 investigation or prosecution.
18-18 (i) Information submitted to the director under Section
18-19 481.075 is confidential and remains confidential regardless of
18-20 whether the director permits access to the information under this
18-21 section.
18-22 (j) This section expires September 1, 2003. [The department
18-23 shall report semiannually, based on the state fiscal year, to the
18-24 Legislative Budget Board certifying that this subsection has been
18-25 complied with and setting forth in detail the results of monthly
19-1 audits showing that identities have been removed from the system
19-2 and made irretrievable in compliance with this subsection. The
19-3 department shall correct any failure to comply with this subsection
19-4 as soon as practicable after discovery. A person who is
19-5 responsible for a failure to comply with this subsection is subject
19-6 to disciplinary action, including dismissal.]
19-7 SECTION 7. Subchapter C, Chapter 481, Health and Safety
19-8 Code, is amended by adding Section 481.0761 to read as follows:
19-9 Sec. 481.0761. RULES; AUTHORITY TO CONTRACT. (a) The
19-10 director shall consult with the Texas State Board of Pharmacy and
19-11 by rule establish and revise as necessary a standardized database
19-12 format that may be used by a pharmacy to transmit the information
19-13 required by Section 481.075(i) to the director electronically or to
19-14 deliver the information on storage media, including disks, tapes,
19-15 and cassettes.
19-16 (b) The director shall consult with the Texas Department of
19-17 Health, the Texas State Board of Pharmacy, and the Texas State
19-18 Board of Medical Examiners and by rule may:
19-19 (1) remove a controlled substance listed in Schedule
19-20 II from the official prescription program, if the director
19-21 determines that the burden imposed by the program substantially
19-22 outweighs the risk of diversion of the particular controlled
19-23 substance; or
19-24 (2) return a substance previously removed from
19-25 Schedule II to the official prescription program, if the director
20-1 determines that the risk of diversion substantially outweighs the
20-2 burden imposed by the program on the particular controlled
20-3 substance.
20-4 (c) The director by rule may:
20-5 (1) permit more than one prescription to be
20-6 administered or dispensed and recorded on one official prescription
20-7 form;
20-8 (2) remove from or return to the official prescription
20-9 program any aspect of the professional practice of practitioners or
20-10 pharmacists, including administering or dispensing;
20-11 (3) waive or delay any requirement relating to the
20-12 time or manner of reporting;
20-13 (4) establish compatibility protocols for electronic
20-14 data transfer hardware, software, or format;
20-15 (5) permit the use of triplicate or single
20-16 prescription forms during a period of transition;
20-17 (6) establish a procedure to control the release of
20-18 information under Sections 481.075 and 481.076; and
20-19 (7) establish a minimum level of prescription activity
20-20 below which a reporting activity may be modified or deleted.
20-21 (d) The director by rule shall authorize a prescribing
20-22 practitioner to determine whether it is necessary to obtain a
20-23 particular patient identification number and to provide that number
20-24 on the official prescription form.
20-25 (e) In adopting a rule relating to the electronic transfer
21-1 of information under this subchapter, the director shall consider
21-2 the economic impact of the rule on practitioners and pharmacists
21-3 and, to the extent permitted by law, act to minimize any negative
21-4 economic impact, including the imposition of costs related to
21-5 computer hardware or software or to the transfer of information.
21-6 The director may not adopt a rule relating to the electronic
21-7 transfer of information under this subchapter that imposes a fee in
21-8 addition to the fee authorized by Section 481.064.
21-9 (f) The director may authorize a contract between the
21-10 department and another agency of this state or a private vendor as
21-11 necessary to ensure the effective operation of the official
21-12 prescription program.
21-13 (g) This section expires September 1, 2003.
21-14 SECTION 8. Subsection (a), Section 481.127, Health and
21-15 Safety Code, is amended to read as follows:
21-16 (a) A person commits an offense if the person [intentionally
21-17 or] knowingly gives, permits, or obtains unauthorized access to
21-18 information submitted to the director [Department of Public Safety]
21-19 under Section 481.075.
21-20 SECTION 9. Subsection (a), Section 481.128, Health and
21-21 Safety Code, is amended to read as follows:
21-22 (a) A registrant or dispenser commits an offense if the
21-23 registrant or dispenser knowingly [or intentionally]:
21-24 (1) distributes, delivers, administers, or dispenses a
21-25 controlled substance in violation of Sections 481.070-481.075
22-1 [481.070-481.074];
22-2 (2) manufactures a controlled substance not authorized
22-3 by the person's registration or distributes or dispenses a
22-4 controlled substance not authorized by the person's registration to
22-5 another registrant or other person;
22-6 (3) refuses or fails to make, keep, or furnish a
22-7 record, report, notification, order form, statement, invoice, or
22-8 information required by this chapter;
22-9 (4) prints, manufactures, possesses, or produces a
22-10 prescription sticker or official [triplicate] prescription form
22-11 without the approval of the director [Department of Public Safety];
22-12 (5) delivers or possesses a counterfeit prescription
22-13 sticker or official [triplicate] prescription form;
22-14 (6) refuses an entry into a premise for an inspection
22-15 authorized by this chapter;
22-16 (7) refuses or fails to return a [triplicate]
22-17 prescription sticker [form] as required by Section 481.075(k)
22-18 [481.075(h)]; or
22-19 (8) refuses or fails to make, keep, or furnish a
22-20 record, report, notification, order form, statement, invoice, or
22-21 information required by a rule adopted [before June 1, 1991,] by
22-22 the director.
22-23 SECTION 10. Subsection (a), Section 481.129, Health and
22-24 Safety Code, is amended to read as follows:
22-25 (a) A person commits an offense if the person knowingly [or
23-1 intentionally]:
23-2 (1) distributes as a registrant or dispenser a
23-3 controlled substance listed in Schedule I or II, unless the person
23-4 distributes the controlled substance under an order form as
23-5 required by Section 481.069;
23-6 (2) uses in the course of manufacturing, prescribing,
23-7 or distributing a controlled substance a registration number that
23-8 is fictitious, revoked, suspended, or issued to another person;
23-9 (3) uses a [triplicate] prescription sticker [form]
23-10 issued to another person to prescribe a Schedule II controlled
23-11 substance;
23-12 (4) possesses or attempts to possess a controlled
23-13 substance:
23-14 (A) by misrepresentation, fraud, forgery,
23-15 deception, or subterfuge;
23-16 (B) through use of a fraudulent prescription
23-17 form; or
23-18 (C) through use of a fraudulent oral or
23-19 telephonically communicated prescription; or
23-20 (5) furnishes false or fraudulent material information
23-21 in or omits material information from an application, report,
23-22 record, or other document required to be kept or filed under this
23-23 chapter.
23-24 SECTION 11. Section 552.118, Government Code, is amended to
23-25 read as follows:
24-1 Sec. 552.118. EXCEPTION: OFFICIAL [TRIPLICATE] PRESCRIPTION
24-2 FORM. Information is excepted from the requirements of Section
24-3 552.021 if it is information on or derived from an official [a
24-4 triplicate] prescription form filed with the director of the
24-5 Department of Public Safety under Section 481.075, Health and
24-6 Safety Code.
24-7 SECTION 12. Subparagraph (i), Paragraph (J), Subdivision
24-8 (6), Subsection (d), Section 3.06, Medical Practice Act (Article
24-9 4495b, Vernon's Texas Civil Statutes), is amended to read as
24-10 follows:
24-11 (i) A physician may delegate to a
24-12 physician assistant offering obstetrical services and certified by
24-13 the board as specializing in obstetrics or an advanced nurse
24-14 practitioner recognized by the Texas State Board of Nurse Examiners
24-15 as a nurse midwife the act or acts of administering or providing
24-16 controlled substances to the nurse midwife's or physician
24-17 assistant's clients during intra-partum and immediate post-partum
24-18 care. The physician may [shall] not delegate the use of a
24-19 prescription sticker or the use or issuance of an official [a
24-20 triplicate] prescription form under [the triplicate prescription
24-21 program,] Section 481.075, Health and Safety Code.
24-22 SECTION 13. Except as otherwise provided by this section,
24-23 this Act takes effect September 1, 1999. Section 7 of this Act
24-24 takes effect September 1, 1997.
24-25 SECTION 14. The change in law made by this Act does not
25-1 affect any retention, use, or destruction requirement of Section
25-2 481.075 or 481.076, Health and Safety Code, that relates to a
25-3 prescription written under the triplicate prescription program
25-4 before September 1, 1999. A provision of those sections relating
25-5 to retention of a triplicate record by a practitioner or pharmacist
25-6 or the use or destruction of information obtained through the
25-7 triplicate prescription program by the Department of Public Safety
25-8 continues in effect for the purpose of governing the disposition of
25-9 any triplicate prescription record or any information arising from
25-10 a triplicate prescription written before September 1, 1999.
25-11 SECTION 15. A change in law made to Subsection (a), Section
25-12 481.127, Subsection (a), Section 481.128, or Subsection (a),
25-13 Section 481.129, Health and Safety Code, by this Act applies only
25-14 to an offense committed under that section on or after September 1,
25-15 1999. An offense committed under one of those sections before
25-16 September 1, 1999, is covered by the law in effect when the offense
25-17 was committed, and the former law is continued in effect for that
25-18 purpose. For purposes of this section, an offense was committed
25-19 before September 1, 1999, if any element of the offense occurred
25-20 before that date.
25-21 SECTION 16. The change in law made by this Act to
25-22 Subparagraph (i), Paragraph (J), Subdivision (6), Subsection (d),
25-23 Section 3.06, Medical Practice Act (Article 4495b, Vernon's Texas
25-24 Civil Statutes), does not affect the dispensing of a Schedule II
25-25 controlled substance by a pharmacist to:
26-1 (1) a certified registered nurse anesthetist for use
26-2 in providing anesthesia or anesthesia-related services under the
26-3 Medical Practice Act; or
26-4 (2) a certified nurse midwife or a physician assistant
26-5 certified by the Texas State Board of Medical Examiners as
26-6 specializing in obstetrics for use in administering a Schedule II
26-7 controlled substance to a client during the provision of
26-8 intra-partum and immediate postpartum care under the Medical
26-9 Practice Act.
26-10 SECTION 17. The importance of this legislation and the
26-11 crowded condition of the calendars in both houses create an
26-12 emergency and an imperative public necessity that the
26-13 constitutional rule requiring bills to be read on three several
26-14 days in each house be suspended, and this rule is hereby suspended.