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.