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.