By Madla                                        S.B. No. 1245

      75R3023 PEP-F                           

                                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 by adding Subdivisions

 1-7     (50), (51), (52), and (53) to read as follows:

 1-8                 (47)  "Official [Triplicate] prescription form" means

 1-9     the department [an official Department of Public Safety]

1-10     prescription form used to administer, dispense, prescribe, or

1-11     deliver to an ultimate user a controlled substance listed in

1-12     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;

1-24                       (D)  for a person younger than 18 years of age

 2-1     who has not been issued a document described by Paragraph (A), (B),

 2-2     or (C), the number assigned to the person's parent or guardian that

 2-3     appears on a document described by those paragraphs issued to that

 2-4     parent or guardian; or

 2-5                       (E)  for an animal, the number assigned to the

 2-6     animal's owner that appears on a document described by Paragraph

 2-7     (A), (B), (C), or (D).

 2-8                 (51)  "Department" means the Department of Public

 2-9     Safety.

2-10                 (52)  "Driver's license" has the meaning assigned that

2-11     term by Section 521.001, Transportation Code.

2-12                 (53)  "Personal identification certificate" means a

2-13     certificate issued under Subchapter E, Chapter 521, Transportation

2-14     Code.

2-15           SECTION 2.  Subchapter A, Chapter 481, Health and Safety

2-16     Code, is amended by adding Section 481.003 to read as follows:

2-17           Sec. 481.003.  RULES.  The director may adopt rules to

2-18     administer and enforce this chapter.

2-19           SECTION 3.  Section 481.064, Health and Safety Code, is

2-20     amended to read as follows:

2-21           Sec. 481.064.  [RULES;] REGISTRATION FEES.  (a)  [The

2-22     director may adopt reasonable rules.]

2-23           [(b)]  The director may charge an annual registration fee of

2-24     not more than $25.  The director by rule shall set the amount of

2-25     the fee   at the amount that is [$5 for the costs] necessary to

2-26     cover the cost of administering and enforcing [administer] this

2-27     subchapter [chapter].  Except as provided by Subsection (b) [(c)],

 3-1     registrants  shall pay the fees to the director.

 3-2           (b) [(c)]  The director may authorize a contract between the

 3-3     department [Department of Public Safety] and an appropriate state

 3-4     agency for the collection and remittance of the fees.  The director

 3-5     by rule may provide for remittance of the fees collected by state

 3-6     agencies for the department.

 3-7           (c) [(d)]  The director shall deposit the collected fees [in

 3-8     the state treasury] to the credit of the operator's and chauffeur's

 3-9     license account in the general revenue fund.  The fees may be used

3-10     only by the department [Department of Public Safety] in the

3-11     administration or enforcement of this subchapter [chapter].

3-12           SECTION 4.  Section 481.074, Health and Safety Code, is

3-13     amended by amending Subsections (a), (b), (c), and (f), and adding

3-14     Subsections (m) and (n) to read as follows:

3-15           (a)  A pharmacist may not:

3-16                 (1)  dispense or deliver a controlled substance or

3-17     cause a controlled substance to be dispensed or delivered under the

3-18     pharmacist's direction or supervision except under a valid

3-19     prescription and in the course of professional practice;

3-20                 (2)  fill a prescription that is not prepared or issued

3-21     as prescribed by this chapter;

3-22                 (3)  permit or allow a person who is not a licensed

3-23     pharmacist or pharmacist intern to dispense, distribute, or in any

3-24     other manner deliver a controlled substance even if under the

3-25     supervision of a pharmacist, except that after the pharmacist or

3-26     pharmacist intern has fulfilled his professional and legal

3-27     responsibilities, a nonpharmacist may complete the actual cash or

 4-1     credit transaction and delivery; or

 4-2                 (4)  permit the delivery of a controlled substance to

 4-3     any person not known to the pharmacist, the pharmacist intern, or

 4-4     the person authorized by the pharmacist to deliver the controlled

 4-5     substance without first requiring identification of the person

 4-6     taking possession of the controlled substance, except as provided

 4-7     by Subsection (n).  [; if the person taking possession of the

 4-8     controlled  substance does not have identification and the

 4-9     pharmacist determines that the controlled substance is needed for

4-10     the immediate well-being of the patient, delivery may be made; this

4-11     subsection does not prohibit the delivery by mail or authorized

4-12     delivery person of a controlled substance to a person or the

4-13     address of the person authorized by prescription to receive that

4-14     controlled substance.]

4-15           (b)  Except in an emergency as defined by rule of the

4-16     director or as provided by Section 481.075(g), a person may not

4-17     dispense or administer a controlled substance listed in Schedule II

4-18     without the written prescription of a practitioner on an official

4-19     prescription [a] form that meets the requirements of and is

4-20     completed by  the practitioner in accordance with Section 481.075,

4-21     and if the controlled substance is to be dispensed, the

4-22     practitioner must be registered under Section 481.063.  In an

4-23     emergency, a person may dispense or administer a controlled

4-24     substance listed in Schedule II on the oral or telephonically

4-25     communicated prescription of a practitioner.  The person who

4-26     administers or dispenses the substance shall:

4-27                 (1)  if the person is a prescribing practitioner or a

 5-1     pharmacist, promptly comply with Subsection (c); or

 5-2                 (2)  if the person is not a prescribing practitioner or

 5-3     a pharmacist, promptly write the oral or telephonically

 5-4     communicated prescription and [shall] include in the written record

 5-5     of the prescription the name, address, and Federal Drug Enforcement

 5-6     Administration number of the prescribing practitioner, all

 5-7     information required to be provided by a [the] practitioner under

 5-8     Section 481.075(b)(1) [481.075(d)], and all information required to

 5-9     be provided by a [the] dispensing pharmacist under Section

5-10     481.075(b)(2) [481.075(f).  The person shall send a copy of the

5-11     written record to the Department of Public Safety not later than

5-12     the 30th day after the date the prescription is filled].

5-13           (c)  Not later than 72 hours after authorizing an emergency

5-14     oral or telephonically communicated prescription, the prescribing

5-15     practitioner shall cause a written prescription, completed in the

5-16     manner required by Section 481.075, to be delivered in person or

5-17     mailed to the dispensing pharmacist at the pharmacy where the

5-18     prescription was dispensed. The envelope of a prescription

5-19     delivered by mail must be postmarked not later than 72 hours after

5-20     the prescription was authorized.  On receipt of the prescription,

5-21     the dispensing pharmacy shall file the transcription of the

5-22     telephonically communicated prescription and the pharmacy copy.

5-23     The pharmacist or the pharmacy that employs the pharmacist shall

5-24     send all information required by the director, including any

5-25     information required to complete an official prescription form, to

5-26     the director by electronic transfer, a universal claim form

5-27     customarily used by pharmaceutical service providers, or other form

 6-1     approved by the director [to the Department of Public Safety the

 6-2     department's copy] not later than the 30th day after the date the

 6-3     prescription was dispensed.

 6-4           (f)  A prescription for a Schedule II controlled substance

 6-5     written for a patient in a long-term care facility (LTCF) or for a

 6-6     patient with a medical diagnosis documenting a terminal illness may

 6-7     be filled in partial quantities to include individual dosage units.

 6-8     If there is any question about whether a patient may be classified

 6-9     as having a terminal illness, the pharmacist must contact the

6-10     practitioner prior to partially filling the prescription.  Both the

6-11     pharmacist and the practitioner have a corresponding responsibility

6-12     to assure that the controlled substance is for a terminally ill

6-13     patient.  The pharmacist must record [on] the prescription on an

6-14     official prescription form and must indicate on the form whether

6-15     the patient is "terminally ill" or an "LTCF  patient."  A

6-16     prescription that is partially filled and does not contain the

6-17     notation "terminally ill" or "LTCF patient" shall be deemed to have

6-18     been filled in violation of this Act.  For each partial filling,

6-19     the dispensing pharmacist shall record on the back of [Copy 1 and

6-20     Copy 2 of] the official prescription form the date of the partial

6-21     filling, the quantity dispensed, the remaining quantity authorized

6-22     to be dispensed, and the identification of the dispensing

6-23     pharmacist.  Prior to any subsequent partial filling, the

6-24     pharmacist is to determine that the additional partial filling is

6-25     necessary.  The total quantity of Schedule II controlled substances

6-26     dispensed in all partial fillings must not exceed the total

6-27     quantity prescribed.  Schedule II prescriptions for patients in a

 7-1     long-term care facility or patients with a medical diagnosis

 7-2     documenting a terminal illness shall be valid for a period not to

 7-3     exceed 30 days from the issue date unless sooner terminated by

 7-4     discontinuance of the medication.

 7-5           (m)  A pharmacist may permit the delivery of a controlled

 7-6     substance by an authorized delivery person, by a person known to

 7-7     the pharmacist, a pharmacist intern, or the authorized delivery

 7-8     person, or by mail to the person or address of the person

 7-9     authorized by the prescription to receive the controlled substance.

7-10     If a pharmacist permits delivery of a controlled substance under

7-11     this subsection, the pharmacist shall retain in the records of the

7-12     pharmacy for a period of not less than three years:

7-13                 (1)  the name of the authorized delivery person, if

7-14     delivery is made by that person;

7-15                 (2)  the name of the person known to the pharmacist, a

7-16     pharmacist intern, or the authorized delivery person if delivery is

7-17     made by that person; or

7-18                 (3)  the mailing address to which delivery is made, if

7-19     delivery is made by mail.

7-20           (n)  A pharmacist may permit the delivery of a controlled

7-21     substance to a person not known to the pharmacist, a pharmacist

7-22     intern, or the authorized delivery person without first requiring

7-23     the identification of the person to whom the controlled substance

7-24     is delivered if the pharmacist determines that an emergency exists

7-25     and that the controlled substance is needed for the immediate

7-26     well-being of the patient for whom the controlled substance is

7-27     prescribed.  If a pharmacist permits delivery of a controlled

 8-1     substance under this subsection, the pharmacist shall retain in the

 8-2     records of the pharmacy for a period of not less than three years

 8-3     all information relevant to the delivery known to the pharmacist,

 8-4     including the name, address, and date of birth or age of the person

 8-5     to whom the controlled substance is delivered.  The pharmacist

 8-6     shall also retain in the records of the pharmacy for a period of

 8-7     not less than three years the patient identification number of the

 8-8     person to whom the controlled substance is delivered if the person

 8-9     has such a number and that number is required by the prescribing

8-10     practitioner.

8-11           SECTION 5.  Section 481.075, Health and Safety Code, is

8-12     amended by amending the section heading and Subsections (a)-(d),

8-13     (f), (h), and (i) to read as follows:

8-14           Sec. 481.075.  OFFICIAL [TRIPLICATE] PRESCRIPTION PROGRAM.

8-15     (a)  A practitioner who prescribes a controlled  substance listed

8-16     in Schedule II shall record the prescription on an official [a]

8-17     prescription form, except as  provided by a rule adopted under

8-18     Section 481.0761 [that meets the requirements of Subsection (b)].

8-19     The director [Department of Public Safety] shall issue official

8-20     prescription  [the] forms to practitioners for a fee covering the

8-21     actual cost of printing and processing the forms, mailing

8-22     containers, and binders and the actual cost of mailing the forms at

8-23     100 forms a package.  Before delivering official prescription forms

8-24     to a practitioner, the director [department] shall print on the

8-25     forms the practitioner's name, address, department [Department of

8-26     Public Safety] registration number, and Federal Drug Enforcement

8-27     Administration number.  A person may not obtain official [the]

 9-1     prescription forms unless the person is a practitioner as defined

 9-2     by Section  481.002(39)(A) or an institutional practitioner.

 9-3           (b)  Each official prescription form used to prescribe a

 9-4     controlled substance must be serially numbered and [in triplicate,

 9-5     with the original copy labeled "Copy 1," the duplicate copy labeled

 9-6     "Copy 2," and the triplicate copy labeled "Copy 3." Each form] must

 9-7     contain spaces for:

 9-8                 (1)  information to be provided by the prescribing

 9-9     practitioner, including:

9-10                       (A)  the date the prescription is written;

9-11                       (B)  [(2)  the date the prescription is filled;]

9-12                 [(3)]  the controlled substance [drug] prescribed;

9-13                       (C)  the quantity of controlled substance

9-14     prescribed (shown numerically followed by the number written as a

9-15     word);

9-16                       (D)  the intended use of the controlled substance

9-17     or the diagnosis for which it is prescribed[, the dosage,] and the

9-18     instructions for use of the substance; and

9-19                       (E)  [(4)  the name, address, and Federal Drug

9-20     Enforcement Administration number of the dispensing pharmacy and

9-21     the name of the pharmacist who fills the prescription; and]

9-22                 [(5)]  the name, address, date of birth or [and] age,

9-23     and patient identification number of the person for whom the

9-24     controlled substance is prescribed;

9-25                 (2)  information to be provided by the dispensing

9-26     pharmacist, including the date the prescription is filled; and

9-27                 (3)  the signatures of the prescribing practitioner and

 10-1    the dispensing pharmacist.

 10-2          (c)  Not more than one prescription may be recorded on an

 10-3    official [a] prescription form, except as provided by a rule

 10-4    adopted  under Section 481.0761.

 10-5          (d)  Except for oral prescriptions prescribed under Section

 10-6    481.074(b), the prescribing practitioner shall:

 10-7                (1)  legibly fill in, or direct a designated agent to

 10-8    legibly fill in, on [all three copies of] the official prescription

 10-9    form, each [in the] space for information to be provided by the

10-10    prescribing practitioner under Subsection (b)(1); and [:]

10-11                      [(A)  the date the prescription is written;]

10-12                      [(B)  the drug prescribed, the quantity (shown

10-13    numerically followed by the number written as a word), instructions

10-14    for use, and the intended use of the drug or the diagnosis for

10-15    which the controlled substance is prescribed; and]

10-16                      [(C)  the name, address, and age of the patient

10-17    or, in the case of an animal, its owner, for whom the controlled

10-18    substance is prescribed;]

10-19                (2)  sign [Copies 1 and 2 of] the official prescription

10-20    form and give the form [them] to the person authorized to receive

10-21    the  prescription[; and]

10-22                [(3)  retain Copy 3 of the form with the practitioner's

10-23    records for at least two years after the date the prescription is

10-24    written].

10-25          (f)  Each dispensing pharmacist shall:

10-26                (1)  fill in on [Copies 1 and 2 of] the official

10-27    prescription form in each [the] space provided any [the]

 11-1    information given orally to the dispensing pharmacy under

 11-2    Subsection (e), the date the prescription is filled, and the

 11-3    dispensing pharmacist's signature [not required to be filled in by

 11-4    the prescribing practitioner or the Department of Public Safety];

 11-5                (2)  [indicate the total quantity dispensed on the face

 11-6    of the triplicate prescription form;]

 11-7                [(3)]  retain [Copy 2] with the records of the pharmacy

 11-8    for at least three [two] years:

 11-9                      (A)  the official prescription form; and

11-10                      (B)  the name or other patient identification

11-11    required by Section 481.074(m) or (n); and

11-12                (3)  [(4) sign Copy 1 and] send all information

11-13    required by the director, including any information required to

11-14    complete an official prescription form, [it] to the director by

11-15    electronic transfer, a universal claim form customarily used by

11-16    pharmaceutical service providers, or other form approved by the

11-17    director [Department of Public Safety] not later than the 30th day

11-18    after the date the prescription is filled or not later than the

11-19    30th day after the completion of a prescription dispensed under

11-20    Section 481.074(f).

11-21          (h)  Not later than the 30th [seventh] day after the date a

11-22    practitioner's department [Department of Public Safety]

11-23    registration number, Federal Drug Enforcement Administration

11-24    number, or license to practice has been denied, suspended,

11-25    canceled, surrendered, or revoked, the practitioner shall return to

11-26    the department all official prescription forms in the

11-27    practitioner's possession that [are issued under Subsection (a)

 12-1    and] have not been used for prescriptions.

 12-2          (i)  Each prescribing practitioner:

 12-3                (1)  may use an official prescription form only to

 12-4    prescribe a controlled substance;

 12-5                (2)  shall date or sign an official prescription form

 12-6    only on the date the prescription is issued; and

 12-7                (3)  shall take reasonable precautionary measures to

 12-8    ensure that a blank official prescription form issued to the

 12-9    practitioner is not used by another person to violate this

12-10    subchapter or a rule adopted under this subchapter. [The director

12-11    may adopt rules to implement this section and Section 481.076.]

12-12          SECTION 6.  Section 481.076, Health and Safety Code, is

12-13    amended to read as follows:

12-14          Sec. 481.076.  OFFICIAL [TRIPLICATE] PRESCRIPTION

12-15    INFORMATION.  (a)  The director may not permit any person to have

12-16    access to information submitted to the director [Department of

12-17    Public Safety] under Section 481.075 except:

12-18                (1)  an investigator [investigators] for the Texas

12-19    State Board of Medical Examiners, the Texas State Board of

12-20    Podiatric Medical Examiners, the State Board of Dental Examiners,

12-21    the State Board of Veterinary Medical Examiners, or the Texas State

12-22    Board of Pharmacy; [or]

12-23                (2)  an authorized officer or member [officers] of the

12-24    department [Department of Public Safety] engaged in the

12-25    administration, investigation, or enforcement of [suspected

12-26    criminal violations of] this chapter or another law governing

12-27    illicit drugs in this state or another state; or

 13-1                (3)  if the director finds that proper need has been

 13-2    shown to the director:

 13-3                      (A)  a law enforcement or prosecutorial official

 13-4    engaged in the administration, investigation, or enforcement of

 13-5    this chapter or another law governing illicit drugs in this state

 13-6    or another state;

 13-7                      (B)  a pharmacist or practitioner who is a

 13-8    physician, dentist, veterinarian, or podiatrist and is inquiring

 13-9    about the recent prescription history of a particular patient or

13-10    prospective patient of the practitioner; or

13-11                      (C)  a pharmacist or practitioner who is

13-12    inquiring about the person's own dispensing or prescribing activity

13-13    [who obtain access with the approval of an investigator listed in

13-14    Subdivision (1)].

13-15          (b)  This section does not prohibit the director from

13-16    creating, using, or disclosing statistical data about information

13-17    received by the director under this section if the director removes

13-18    any information reasonably likely to reveal the identity of each

13-19    patient, practitioner, or other person who is a subject of the

13-20    information. [An investigator listed in Subsection (a)(1) shall

13-21    cooperate  with and assist the authorized officers of the

13-22    Department of Public Safety in obtaining information for

13-23    investigations of suspected criminal violations of this chapter.]

13-24          (c)  The director by rule [Department of Public Safety] shall

13-25    design and implement a system for submission of information to the

13-26    director by electronic or other means and for retrieval of

13-27    information submitted to the director [department] under this

 14-1    section and Section 481.075.  The director [department] shall use

 14-2    automated information security techniques and devices to preclude

 14-3    improper access to the information.  The director shall submit the

 14-4    system design to the Texas State Board of Pharmacy and the Texas

 14-5    State Board of Medical Examiners for review and approval or comment

 14-6    a reasonable time before implementation of the system and shall

 14-7    comply with the comments of those agencies unless it is

 14-8    unreasonable to do so.

 14-9          (d)  Information submitted to the director [Department of

14-10    Public Safety] under this section may be used only for:

14-11                (1)  the administration, investigation, or enforcement

14-12    of this chapter or another law governing illicit drugs in this

14-13    state or another state;

14-14                (2)  [drug-related criminal investigatory or

14-15    evidentiary purposes or for] investigatory or evidentiary purposes

14-16    in connection with the functions of an agency listed in Subsection

14-17    (a)(1); or

14-18                (3)  dissemination by the director to the public in the

14-19    form of a statistical tabulation or report if all information

14-20    reasonably likely to reveal the identity of each patient,

14-21    practitioner, or other person who is a subject of the information

14-22    has been removed.

14-23          (e)  The director [Department of Public Safety] shall remove

14-24    from the information retrieval system, destroy, and make

14-25    irretrievable the record of the identity of a patient submitted

14-26    under this section to the director [department] not later than the

14-27    end of the 36th [12th] calendar month after the month in which the

 15-1    identity is entered into the system.  However, the director

 15-2    [department] may retain a patient identity that is necessary for

 15-3    use in a specific ongoing investigation conducted in accordance

 15-4    with this section until the 30th day after the end of the month in

 15-5    which the necessity for retention of the identity ends.

 15-6          (f)  If the director releases information under Subsection

 15-7    (a)(2) relating to a person licensed or regulated by an agency

 15-8    listed in Subsection (a)(1), the director shall notify and

 15-9    cooperate with that agency regarding the disposition of the matter

15-10    before taking action against the person, unless the director

15-11    determines that notification is reasonably likely to interfere with

15-12    an administrative or criminal investigation or prosecution.  [The

15-13    department shall report semiannually, based on the state fiscal

15-14    year, to the Legislative Budget Board certifying that this

15-15    subsection has been complied with and setting forth in detail the

15-16    results of monthly audits showing that identities have been removed

15-17    from the system and made irretrievable in compliance with this

15-18    subsection.  The department shall correct any failure to comply

15-19    with this subsection as soon as practicable after discovery.  A

15-20    person who is responsible for a failure to comply with this

15-21    subsection is subject to disciplinary action, including dismissal.]

15-22          SECTION 7.  Subchapter C, Chapter 481, Health and Safety

15-23    Code, is amended by adding Section 481.0761 to read as follows:

15-24          Sec. 481.0761.  RULES; AUTHORITY TO CONTRACT.  (a)  The

15-25    director shall consult with the Texas State Board of Pharmacy and

15-26    by rule establish and revise as necessary a standardized database

15-27    format that may be used by a pharmacy to transmit the information

 16-1    required by Section 481.075(f) to the director electronically or to

 16-2    deliver the information on storage media, including disks, tapes,

 16-3    and cassettes.

 16-4          (b)  The director shall consult with the Texas Department of

 16-5    Health, the Texas State Board of Pharmacy, and the Texas State

 16-6    Board of Medical Examiners and by rule may:

 16-7                (1)  remove a controlled substance listed in Schedule

 16-8    II from the official prescription program, if the director

 16-9    determines that the burden imposed by the program substantially

16-10    outweighs the risk of diversion of the particular controlled

16-11    substance; or

16-12                (2)  return a substance previously removed from

16-13    Schedule II to the official prescription program, if the director

16-14    determines that the risk of diversion substantially outweighs the

16-15    burden imposed by the program on the particular controlled

16-16    substance.

16-17          (c)  The director by rule may:

16-18                (1)  permit more than one prescription to be

16-19    administered or dispensed and recorded on one official prescription

16-20    form;

16-21                (2)  remove from or return to the official prescription

16-22    program  any aspect of a practitioner's or pharmacist's

16-23    professional practice, including administering or dispensing;

16-24                (3)  waive or delay any requirement relating to the

16-25    time or manner of reporting;

16-26                (4)  establish compatibility protocols for electronic

16-27    data transfer hardware, software, or format;

 17-1                (5)  permit the use of triplicate or single

 17-2    prescription forms during a period of transition;

 17-3                (6)  establish a procedure to control the release of

 17-4    information under Sections 481.075 and 481.076; and

 17-5                (7)  establish a minimum level of prescription activity

 17-6    below which a reporting activity may be modified or deleted.

 17-7          (d)  The director by rule shall establish a standard to be

 17-8    used by a prescribing practitioner in determining whether it is

 17-9    necessary to obtain a particular patient identification number and

17-10    to provide that number in the appropriate space on the official

17-11    prescription form.

17-12          (e)  In adopting a rule relating to the electronic transfer

17-13    of information under this subchapter, the director shall consider

17-14    the economic impact of the rule on practitioners and pharmacists

17-15    and, to the extent permitted by law, act to minimize any negative

17-16    economic impact.

17-17          (f)  The director may authorize a contract between the

17-18    department and another agency of this state or a private vendor as

17-19    necessary to ensure the effective operation of the official

17-20    prescription program.

17-21          SECTION 8.  Section 481.127(a), Health and Safety Code, is

17-22    amended to read as follows:

17-23          (a)  A person commits an offense if the person [intentionally

17-24    or] knowingly gives, permits, or obtains unauthorized access to

17-25    information submitted to the director [Department of Public Safety]

17-26    under Section 481.075.

17-27          SECTION 9.  Section 481.128(a), Health and Safety Code, is

 18-1    amended to read as follows:

 18-2          (a)  A registrant or dispenser commits an offense if the

 18-3    registrant or dispenser knowingly [or intentionally]:

 18-4                (1)  distributes, delivers, administers, or dispenses a

 18-5    controlled substance in violation of Sections 481.070-481.075

 18-6    [481.070-481.074];

 18-7                (2)  manufactures a controlled substance not authorized

 18-8    by the person's registration or distributes or dispenses a

 18-9    controlled substance not authorized by the person's registration to

18-10    another registrant or other person;

18-11                (3)  refuses or fails to make, keep, or furnish a

18-12    record, report, notification, order form, statement, invoice, or

18-13    information required by this chapter;

18-14                (4)  prints, manufactures, possesses, or produces an

18-15    official [a triplicate] prescription form without the approval of

18-16    the director [Department of Public Safety];

18-17                (5)  delivers or possesses a counterfeit official

18-18    [triplicate] prescription form;

18-19                (6)  refuses an entry into a premise for an inspection

18-20    authorized by this chapter;

18-21                (7)  refuses or fails to return an official [a

18-22    triplicate] prescription form as required by Section 481.075(h); or

18-23                (8)  refuses or fails to make, keep, or furnish a

18-24    record, report, notification, order form, statement, invoice, or

18-25    information required by a rule adopted [before June 1, 1991,] by

18-26    the director.

18-27          SECTION 10.  Section 481.129(a), Health and Safety Code, is

 19-1    amended to read as follows:

 19-2          (a)  A person commits an offense if the person knowingly [or

 19-3    intentionally]:

 19-4                (1)  distributes as a registrant or dispenser a

 19-5    controlled substance listed in Schedule I or II, unless the person

 19-6    distributes the controlled substance under an order form as

 19-7    required by Section 481.069;

 19-8                (2)  uses in the course of manufacturing, prescribing,

 19-9    or distributing a controlled substance a registration number that

19-10    is fictitious, revoked, suspended, or issued to another person;

19-11                (3)  uses an official [a triplicate] prescription form

19-12    issued to another person to prescribe a controlled substance;

19-13                (4)  possesses or attempts to possess a controlled

19-14    substance:

19-15                      (A)  by misrepresentation, fraud, forgery,

19-16    deception, or subterfuge;

19-17                      (B)  through use of a fraudulent prescription

19-18    form; or

19-19                      (C)  through use of a fraudulent oral or

19-20    telephonically communicated prescription; or

19-21                (5)  furnishes false or fraudulent material information

19-22    in or omits material information from an application, report,

19-23    record, or other document required to be kept or filed under this

19-24    chapter.

19-25          SECTION 11.  Section 552.118, Government Code, is amended to

19-26    read as follows:

19-27          Sec. 552.118.  EXCEPTION:  OFFICIAL [TRIPLICATE] PRESCRIPTION

 20-1    FORM.  Information is excepted from the requirements of Section

 20-2    552.021 if it is information on or derived from an official [a

 20-3    triplicate] prescription form filed with the director of the

 20-4    Department of Public Safety under Section 481.075, Health and

 20-5    Safety Code.

 20-6          SECTION 12.  Section 3.06(d)(6)(J)(i), Medical Practice Act

 20-7    (Article 4495b, Vernon's Texas Civil Statutes), is amended to read

 20-8    as follows:

 20-9                            (i)  A physician may delegate to a

20-10    physician assistant offering obstetrical services and certified by

20-11    the board as specializing in obstetrics or an advanced nurse

20-12    practitioner recognized by the Texas State Board of Nurse Examiners

20-13    as a nurse midwife the act or acts of administering or providing

20-14    controlled substances to the nurse midwife's or physician

20-15    assistant's clients during intra-partum and immediate post-partum

20-16    care.  The physician shall not delegate the use or issuance of an

20-17    official [a triplicate] prescription form under [the triplicate

20-18    prescription program,] Section 481.075, Health and Safety Code.

20-19          SECTION 13.  Except as otherwise provided by this section,

20-20    this Act takes effect September 1, 1999.  Section 7 of this Act

20-21    takes effect September 1, 1997.

20-22          SECTION 14.  The change in law made by this Act does not

20-23    affect any retention, use, or destruction requirement of Section

20-24    481.075 or 481.076, Health and Safety Code, that relates to a

20-25    prescription written under the triplicate prescription program

20-26    before January 1, 1999.  A provision of those sections relating to

20-27    retention of a triplicate record by a practitioner or pharmacist or

 21-1    the use or destruction of information obtained through the

 21-2    triplicate prescription program by the Department of Public Safety

 21-3    continues in effect for the purpose of governing the disposition of

 21-4    any triplicate prescription record or any information arising from

 21-5    a triplicate prescription written before January 1, 1999.

 21-6          SECTION 15.  A change in law made to Section 481.127(a),

 21-7    481.128(a), or 481.129(a), Health and Safety Code, by this Act

 21-8    applies only to an offense committed under that section on or after

 21-9    September 1, 1999.  An offense committed under one of those

21-10    sections before September 1, 1999, is covered by the law in effect

21-11    when the offense was committed, and the former law is continued in

21-12    effect for that purpose.  For purposes of this section, an offense

21-13    was committed before September 1, 1999, if any element of the

21-14    offense occurred before that date.

21-15          SECTION 16.  The importance of this legislation and the

21-16    crowded condition of the calendars in both houses create an

21-17    emergency and an imperative public necessity that the

21-18    constitutional rule requiring bills to be read on three several

21-19    days in each house be suspended, and this rule is hereby suspended.