1-1     By:  Madla                                            S.B. No. 1245

 1-2           (In the Senate - Filed March 12, 1997; March 17, 1997, read

 1-3     first time and referred to Committee on Health and Human Services;

 1-4     April 21, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 11, Nays 0; April 21, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1245                   By:  Madla

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to laws regulating the distribution and dispensation of

1-11     controlled substances and to the enforcement of those laws.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 481.002, Health and Safety Code, is

1-14     amended by amending Subdivision (47) and adding Subdivisions (50),

1-15     (51), (52), (53), and (54) to read as follows:

1-16                 (47)  "Official [Triplicate] prescription form" means a

1-17     [an official Department of Public Safety] prescription form that

1-18     contains the prescription information required by Section 481.075

1-19     and to which is affixed a prescription sticker [used to administer,

1-20     dispense, prescribe, or deliver to an ultimate user a controlled

1-21     substance listed in Schedule II].

1-22                 (50)  "Patient identification number" means:

1-23                       (A)  a unique number assigned to the person by

1-24     the department or by an analogous department of another state that

1-25     appears on the person's driver's license or personal identification

1-26     certificate;

1-27                       (B)  the registration number assigned to the

1-28     person under Chapter 13, Election Code;

1-29                       (C)  a unique number assigned to the person by an

1-30     agency of the United States that appears on the person's social

1-31     security card, military identification card, passport, visa, work

1-32     permit, or other identification card;

1-33                       (D)  for a person younger than 18 years of age

1-34     who has not been issued a document described by Paragraph (A), (B),

1-35     or (C), the number assigned to the person's parent or guardian that

1-36     appears on a document described by those paragraphs issued to that

1-37     parent or guardian; or

1-38                       (E)  for an animal, the number assigned to the

1-39     animal's owner that appears on a document described by Paragraph

1-40     (A), (B), (C), or (D).

1-41                 (51)  "Department" means the Department of Public

1-42     Safety.

1-43                 (52)  "Driver's license" has the meaning assigned that

1-44     term by Section 521.001, Transportation Code.

1-45                 (53)  "Personal identification certificate" means a

1-46     certificate issued under Subchapter E, Chapter 521, Transportation

1-47     Code.

1-48                 (54)  "Prescription sticker" means a prescription

1-49     sticker issued by the director under Section 481.075.

1-50           SECTION 2.  Subchapter A, Chapter 481, Health and Safety

1-51     Code, is amended by adding Section 481.003 to read as follows:

1-52           Sec. 481.003.  RULES.  The director may adopt rules to

1-53     administer and enforce this chapter.

1-54           SECTION 3.  Section 481.064, Health and Safety Code, is

1-55     amended to read as follows:

1-56           Sec. 481.064.  [RULES;] REGISTRATION FEES.  (a)  [The

1-57     director may adopt reasonable rules.]

1-58           [(b)]  The director may charge an annual registration fee of

1-59     not more than $25.  The director by rule shall set the amount of

1-60     the fee at the amount that is [$5 for the costs] necessary to cover

1-61     the cost of administering and enforcing [administer] this

1-62     subchapter [chapter].  Except as provided by Subsection (b) [(c)],

1-63     registrants shall pay the fees to the director.

1-64           (b) [(c)]  The director may authorize a contract between the

 2-1     department [Department of Public Safety] and an appropriate state

 2-2     agency for the collection and remittance of the fees.  The director

 2-3     by rule may provide for remittance of the fees collected by state

 2-4     agencies for the department.

 2-5           (c) [(d)]  The director shall deposit the collected fees [in

 2-6     the state treasury] to the credit of the operator's and chauffeur's

 2-7     license account in the general revenue fund.  The fees may be used

 2-8     only by the department [Department of Public Safety] in the

 2-9     administration or enforcement of this subchapter [chapter].

2-10           SECTION 4.  Section 481.074, Health and Safety Code, is

2-11     amended by amending Subsections (a), (b), (c), and (f) and adding

2-12     Subsections (m) and (n) to read as follows:

2-13           (a)  A pharmacist may not:

2-14                 (1)  dispense or deliver a controlled substance or

2-15     cause a controlled substance to be dispensed or delivered under the

2-16     pharmacist's direction or supervision except under a valid

2-17     prescription and in the course of professional practice;

2-18                 (2)  fill a prescription that is not prepared or issued

2-19     as prescribed by this chapter;

2-20                 (3)  permit or allow a person who is not a licensed

2-21     pharmacist or pharmacist intern to dispense, distribute, or in any

2-22     other manner deliver a controlled substance even if under the

2-23     supervision of a pharmacist, except that after the pharmacist or

2-24     pharmacist intern has fulfilled his professional and legal

2-25     responsibilities, a nonpharmacist may complete the actual cash or

2-26     credit transaction and delivery; or

2-27                 (4)  permit the delivery of a controlled substance to

2-28     any person not known to the pharmacist, the pharmacist intern, or

2-29     the person authorized by the pharmacist to deliver the controlled

2-30     substance without first requiring identification of the person

2-31     taking possession of the controlled substance, except as provided

2-32     by Subsection (n)[; if the person taking possession of the

2-33     controlled substance does not have identification and the

2-34     pharmacist determines that the controlled substance is needed for

2-35     the immediate well-being of the patient, delivery may be made; this

2-36     subsection does not prohibit the delivery by mail or authorized

2-37     delivery person of a controlled substance to a person or the

2-38     address of the person authorized by prescription to receive that

2-39     controlled substance].

2-40           (b)  Except in an emergency as defined by rule of the

2-41     director or as provided by Section 481.075(j) [481.075(g)], a

2-42     person may not dispense or administer a controlled substance listed

2-43     in Schedule II without the written prescription of a practitioner

2-44     on an official prescription [a] form that meets the requirements of

2-45     and is completed by the practitioner in accordance with Section

2-46     481.075, and if the controlled substance is to be dispensed, the

2-47     practitioner must be registered under Section 481.063.  In an

2-48     emergency, a person may dispense or administer a controlled

2-49     substance listed in Schedule II on the oral or telephonically

2-50     communicated prescription of a practitioner.  The person who

2-51     administers or dispenses the substance shall:

2-52                 (1)  if the person is a prescribing practitioner or a

2-53     pharmacist, promptly comply with Subsection (c); or

2-54                 (2)  if the person is not a prescribing practitioner or

2-55     a pharmacist, promptly write the oral or telephonically

2-56     communicated prescription and [shall] include in the written record

2-57     of the prescription the name, address, and Federal Drug Enforcement

2-58     Administration number of the prescribing practitioner, all

2-59     information required to be provided by a [the] practitioner under

2-60     Section 481.075(e)(1) [481.075(d)], and all information required to

2-61     be provided by a [the] dispensing pharmacist under Section

2-62     481.075(e)(2) [481.075(f).  The person shall send a copy of the

2-63     written record to the Department of Public Safety not later than

2-64     the 30th day after the date the prescription is filled].

2-65           (c)  Not later than 72 hours after authorizing an emergency

2-66     oral or telephonically communicated prescription, the prescribing

2-67     practitioner shall cause a written prescription, completed in the

2-68     manner required by Section 481.075, to be delivered in person or

2-69     mailed to the dispensing pharmacist at the pharmacy where the

 3-1     prescription was dispensed.  The envelope of a prescription

 3-2     delivered by mail must be postmarked not later than 72 hours after

 3-3     the prescription was authorized.  On receipt of the prescription,

 3-4     the dispensing pharmacy shall file the transcription of the

 3-5     telephonically communicated prescription and the pharmacy copy.

 3-6     The pharmacist or the pharmacy that employs the pharmacist shall

 3-7     send all information required by the director, including any

 3-8     information required to complete an official prescription form, to

 3-9     the director by electronic transfer, a universal claim form

3-10     customarily used by pharmaceutical service providers, or other form

3-11     approved by the director [to the Department of Public Safety the

3-12     department's copy] not later than the 30th day after the date the

3-13     prescription was dispensed.

3-14           (f)  A prescription for a Schedule II controlled substance

3-15     written for a patient in a long-term care facility (LTCF) or for a

3-16     patient with a medical diagnosis documenting a terminal illness may

3-17     be filled in partial quantities to include individual dosage units.

3-18     If there is any question about whether a patient may be classified

3-19     as having a terminal illness, the pharmacist must contact the

3-20     practitioner prior to partially filling the prescription.  Both the

3-21     pharmacist and the practitioner have a corresponding responsibility

3-22     to assure that the controlled substance is for a terminally ill

3-23     patient.  The pharmacist must record [on] the prescription on an

3-24     official prescription form and must indicate on the form whether

3-25     the patient is "terminally ill" or an "LTCF patient."  A

3-26     prescription that is partially filled and does not contain the

3-27     notation "terminally ill" or "LTCF patient" shall be deemed to have

3-28     been filled in violation of this Act.  For each partial filling,

3-29     the dispensing pharmacist shall record on the back of [Copy 1 and

3-30     Copy 2 of] the official prescription form the date of the partial

3-31     filling, the quantity dispensed, the remaining quantity authorized

3-32     to be dispensed, and the identification of the dispensing

3-33     pharmacist.  Prior to any subsequent partial filling, the

3-34     pharmacist is to determine that the additional partial filling is

3-35     necessary.  The total quantity of Schedule II controlled substances

3-36     dispensed in all partial fillings must not exceed the total

3-37     quantity prescribed.  Schedule II prescriptions for patients in a

3-38     long-term care facility or patients with a medical diagnosis

3-39     documenting a terminal illness shall be valid for a period not to

3-40     exceed 30 days from the issue date unless sooner terminated by

3-41     discontinuance of the medication.

3-42           (m)  A pharmacist may permit the delivery of a controlled

3-43     substance by an authorized delivery person, by a person known to

3-44     the pharmacist, a pharmacist intern, or the authorized delivery

3-45     person, or by mail to the person or address of the person

3-46     authorized by the prescription to receive the controlled substance.

3-47     If a pharmacist permits delivery of a controlled substance under

3-48     this subsection, the pharmacist shall retain in the records of the

3-49     pharmacy for a period of not less than two years:

3-50                 (1)  the name of the authorized delivery person, if

3-51     delivery is made by that person;

3-52                 (2)  the name of the person known to the pharmacist, a

3-53     pharmacist intern, or the authorized delivery person if delivery is

3-54     made by that person; or

3-55                 (3)  the mailing address to which delivery is made, if

3-56     delivery is made by mail.

3-57           (n)  A pharmacist may permit the delivery of a controlled

3-58     substance to a person not known to the pharmacist, a pharmacist

3-59     intern, or the authorized delivery person without first requiring

3-60     the identification of the person to whom the controlled substance

3-61     is delivered if the pharmacist determines that an emergency exists

3-62     and that the controlled substance is needed for the immediate

3-63     well-being of the patient for whom the controlled substance is

3-64     prescribed.  If a pharmacist permits delivery of a controlled

3-65     substance under this subsection, the pharmacist shall retain in the

3-66     records of the pharmacy for a period of not less than two years all

3-67     information relevant to the delivery known to the pharmacist,

3-68     including the name, address, and date of birth or age of the person

3-69     to whom the controlled substance is delivered.  The pharmacist

 4-1     shall also retain in the records of the pharmacy for a period of

 4-2     not less than two years the patient identification number of the

 4-3     person to whom the controlled substance is delivered if the person

 4-4     has such a number and that number is required by the prescribing

 4-5     practitioner.

 4-6           SECTION 5.  Section 481.075, Health and Safety Code, is

 4-7     amended to read as follows:

 4-8           Sec. 481.075.  OFFICIAL [TRIPLICATE] PRESCRIPTION PROGRAM.

 4-9     (a)  A practitioner who prescribes a controlled substance listed in

4-10     Schedule II shall, except as  provided by rule adopted under

4-11     Section 481.0761, record the prescription on a prescription form

4-12     that includes the information required by this section and affix to

4-13     the form a prescription sticker issued by the director under this

4-14     section [that meets the requirements of Subsection (b)].

4-15           (b)  Each prescription sticker must be sequentially numbered

4-16     and produced in a manner that makes impossible removal of the

4-17     sticker from the prescription form to which it is affixed.

4-18           (c)  The director [Department of Public Safety] shall issue

4-19     prescription stickers [the forms] to practitioners for a fee

4-20     covering the actual cost of printing, [and] processing [the forms],

4-21     and mailing [containers, and binders and the actual cost of

4-22     mailing] the stickers [forms] at 100 stickers [forms] a package.

4-23     Before mailing or otherwise delivering prescription stickers

4-24     [forms] to a practitioner, the director [department] shall print on

4-25     each sticker the number of the sticker and any other information

4-26     the director determines is necessary [forms the practitioner's

4-27     name, address, Department of Public Safety registration number, and

4-28     Federal Drug Enforcement Administration number].

4-29           (d)  A person may not obtain a [the] prescription sticker

4-30     [forms] unless the person is a practitioner as defined by Section

4-31     481.002(39)(A) or an institutional practitioner.

4-32           (e) [(b)]  Each prescription form used to prescribe a

4-33     Schedule II controlled substance must [be serially numbered and in

4-34     triplicate, with the original copy labeled "Copy 1," the duplicate

4-35     copy labeled "Copy 2," and the triplicate copy labeled "Copy 3."

4-36     Each form must] contain [spaces for]:

4-37                 (1)  information provided by the prescribing

4-38     practitioner, including:

4-39                       (A)  the date the prescription is written;

4-40                       (B) [(2)  the date the prescription is filled;]

4-41                 [(3)]  the controlled substance [drug] prescribed;

4-42                       (C)  the quantity of the controlled substance

4-43     prescribed, shown numerically followed by the number written as a

4-44     word;

4-45                       (D)  the intended use of the controlled substance

4-46     or the diagnosis for which it is prescribed[, the dosage,] and the

4-47     instructions for use of the substance;

4-48                       (E) [(4)]  the practitioner's name, address, and

4-49     Federal Drug Enforcement Administration number [of the dispensing

4-50     pharmacy and the name of the pharmacist who fills the

4-51     prescription]; and

4-52                       (F) [(5)]  the name, address, date of birth or

4-53     [and] age, and patient identification number of the person for whom

4-54     the controlled substance is prescribed;

4-55                 (2)  information provided by the dispensing pharmacist,

4-56     including the date the prescription is filled; and

4-57                 (3)  the signatures of the prescribing practitioner and

4-58     the dispensing pharmacist.

4-59           (f) [(c)]  Not more than one prescription may be recorded on

4-60     an official [a] prescription form, except as provided by rule

4-61     adopted under Section 481.0761.

4-62           (g) [(d)]  Except for oral prescriptions prescribed under

4-63     Section 481.074(b), the prescribing practitioner shall:

4-64                 (1)  legibly fill in, or direct a designated agent to

4-65     legibly fill in, on [all three copies of] the official prescription

4-66     form, each item of information required to be [in the space]

4-67     provided by the prescribing practitioner under Subsection (e)(1),

4-68     unless the practioner determines that:

4-69                       (A)  under rule adopted by the director for this

 5-1     purpose, it is unnecessary for the practitioner or the

 5-2     practitioner's agent to provide the patient identification number

 5-3     [the date the prescription is written]; or

 5-4                       (B)  it is not in the best interest of the

 5-5     patient for the practitioner or practitioner's agent to provide

 5-6     information regarding [the drug prescribed, the quantity (shown

 5-7     numerically followed by the number written as a word), instructions

 5-8     for use, and] the intended use of the controlled substance [drug]

 5-9     or the diagnosis for which it [the controlled substance] is

5-10     prescribed; and

5-11                       [(C)  the name, address, and age of the patient

5-12     or, in the case of an animal, its owner, for whom the controlled

5-13     substance is prescribed;]

5-14                 (2)  sign [Copies 1 and 2 of] the official prescription

5-15     form and give the form [them] to the person authorized to receive

5-16     the  prescription[; and]

5-17                 [(3)  retain Copy 3 of the form with the practitioner's

5-18     records for at least two years after the date the prescription is

5-19     written].

5-20           (h) [(e)]  In the case of an oral prescription prescribed

5-21     under Section 481.074(b), the prescribing practitioner shall give

5-22     the dispensing pharmacy the information needed to complete the

5-23     form.

5-24           (i) [(f)]  Each dispensing pharmacist shall:

5-25                 (1)  fill in on [Copies 1 and 2 of] the official

5-26     prescription form each item of [in the space provided the]

5-27     information given orally to the dispensing pharmacy under

5-28     Subsection (h), the date the prescription is filled, and the

5-29     dispensing pharmacist's signature [not required to be filled in by

5-30     the prescribing practitioner or the Department of Public Safety];

5-31                 (2)  [indicate the total quantity dispensed on the face

5-32     of the triplicate prescription form;]

5-33                 [(3)]  retain [Copy 2] with the records of the pharmacy

5-34     for at least two years:

5-35                       (A)  the official prescription form; and

5-36                       (B)  the name or other patient identification

5-37     required by Section 481.074(m) or (n); and

5-38                 (3) [(4)  sign Copy 1 and] send all information

5-39     required by the director, including any information required to

5-40     complete an official prescription form, [it] to the director by

5-41     electronic transfer, a universal claim form customarily used by

5-42     pharmaceutical service providers, or other form approved by the

5-43     director [Department of Public Safety] not later than the 30th day

5-44     after the date the prescription is filled or not later than the

5-45     30th day after the completion of a prescription dispensed under

5-46     Section 481.074(f).

5-47           (j) [(g)]  A medication order written for a patient who is

5-48     admitted to a hospital at the time the medication order is written

5-49     and filled is not required to be on a form that meets the

5-50     requirements of this section.

5-51           (k) [(h)]  Not later than the 30th [seventh] day after the

5-52     date a practitioner's department [Department of Public Safety]

5-53     registration number, Federal Drug Enforcement Administration

5-54     number, or license to practice has been denied, suspended,

5-55     canceled, surrendered, or revoked, the practitioner shall return to

5-56     the department all prescription stickers [forms] in the

5-57     practitioner's possession that [are issued under Subsection (a)

5-58     and] have not been used for prescriptions.

5-59           (l)  Each prescribing practitioner:

5-60                 (1)  may use a prescription sticker only to prescribe a

5-61     controlled substance;

5-62                 (2)  shall date or sign an official prescription form

5-63     only on the date the prescription is issued; and

5-64                 (3)  shall take reasonable precautionary measures to

5-65     ensure that a prescription sticker issued to the practitioner is

5-66     not used by another person to violate this subchapter or a rule

5-67     adopted under this subchapter.

5-68           (m)  A dispensing pharmacist in this state may fill a

5-69     prescription issued in another state if the prescription is for a

 6-1     controlled substance listed in Schedule II and is issued by a

 6-2     prescribing practitioner in the other state in the ordinary course

 6-3     of practice.  A dispensing pharmacist who fills a prescription

 6-4     under this subsection shall send to the director all information

 6-5     with respect to that prescription that is required to be sent to

 6-6     the director with respect to a prescription for a Schedule II

 6-7     controlled substance that is issued in this state.

 6-8           (n)  This section expires September 1, 2003.

 6-9           [(i)  The director may adopt rules to implement this section

6-10     and Section 481.076.]

6-11           SECTION 6.  Section 481.076, Health and Safety Code, is

6-12     amended to read as follows:

6-13           Sec. 481.076.  OFFICIAL [TRIPLICATE] PRESCRIPTION

6-14     INFORMATION.  (a)  The director may not permit any person to have

6-15     access to information submitted to the director [Department of

6-16     Public Safety] under Section 481.075 except:

6-17                 (1)  an investigator [investigators] for the Texas

6-18     State Board of Medical Examiners, the Texas State Board of

6-19     Podiatric Medical Examiners, the State Board of Dental Examiners,

6-20     the State Board of Veterinary Medical Examiners, or the Texas State

6-21     Board of Pharmacy; [or]

6-22                 (2)  an authorized officer or member [officers] of the

6-23     department [Department of Public Safety] engaged in the

6-24     administration, investigation, or enforcement of [suspected

6-25     criminal violations of] this chapter or another law governing

6-26     illicit drugs in this state or another state; or

6-27                 (3)  if the director finds that proper need has been

6-28     shown to the director:

6-29                       (A)  a law enforcement or prosecutorial official

6-30     engaged in the administration, investigation, or enforcement of

6-31     this chapter or another law governing illicit drugs in this state

6-32     or another state;

6-33                       (B)  a pharmacist or practitioner who is a

6-34     physician, dentist, veterinarian, or podiatrist and is inquiring

6-35     about the recent Schedule II prescription history of a particular

6-36     patient of the practitioner; or

6-37                       (C)  a pharmacist or practitioner who is

6-38     inquiring about the person's own dispensing or prescribing activity

6-39     [who obtain access with the approval of an investigator listed in

6-40     Subdivision (1)].

6-41           (b)  This section does not prohibit the director from

6-42     creating, using, or disclosing statistical data about information

6-43     received by the director under this section if the director removes

6-44     any information reasonably likely to reveal the identity of each

6-45     patient, practitioner, or other person who is a subject of the

6-46     information. [An investigator listed in Subsection (a)(1) shall

6-47     cooperate with and assist the authorized officers of the Department

6-48     of Public Safety in obtaining information for investigations of

6-49     suspected criminal violations of this chapter.]

6-50           (c)  The director by rule [Department of Public Safety] shall

6-51     design and implement a system for submission of information to the

6-52     director by electronic or other means and for retrieval of

6-53     information submitted to the director [department] under this

6-54     section and Section 481.075.  The director [department] shall use

6-55     automated information security techniques and devices to preclude

6-56     improper access to the information.  The director shall submit the

6-57     system design to the Texas State Board of Pharmacy and the Texas

6-58     State Board of Medical Examiners for review and approval or comment

6-59     a reasonable time before implementation of the system and shall

6-60     comply with the comments of those agencies unless it is

6-61     unreasonable to do so.

6-62           (d)  Information submitted to the director [Department of

6-63     Public Safety] under this section may be used only for:

6-64                 (1)  the administration, investigation, or enforcement

6-65     of this chapter or another law governing illicit drugs in this

6-66     state or another state;

6-67                 (2)  [drug-related criminal investigatory or

6-68     evidentiary purposes or for] investigatory or evidentiary purposes

6-69     in connection with the functions of an agency listed in Subsection

 7-1     (a)(1); or

 7-2                 (3)  dissemination by the director to the public in the

 7-3     form of a statistical tabulation or report if all information

 7-4     reasonably likely to reveal the identity of each patient,

 7-5     practitioner, or other person who is a subject of the information

 7-6     has been removed.

 7-7           (e)  The director [Department of Public Safety] shall remove

 7-8     from the information retrieval system, destroy, and make

 7-9     irretrievable the record of the identity of a patient submitted

7-10     under this section to the director [department] not later than the

7-11     end of the 36th [12th] calendar month after the month in which the

7-12     identity is entered into the system.  However, the director

7-13     [department] may retain a patient identity that is necessary for

7-14     use in a specific ongoing investigation conducted in accordance

7-15     with this section until the 30th day after the end of the month in

7-16     which the necessity for retention of the identity ends.

7-17           (f)  If the director permits access to information under

7-18     Subsection (a)(2) relating to a person licensed or regulated by an

7-19     agency listed in Subsection (a)(1), the director shall notify and

7-20     cooperate with that agency regarding the disposition of the matter

7-21     before taking action against the person, unless the director

7-22     determines that notification is reasonably likely to interfere with

7-23     an administrative or criminal investigation or prosecution.

7-24           (g)  If the director permits access to information under

7-25     Subsection (a)(3)(A) relating to a person licensed or regulated by

7-26     an agency listed in Subsection (a)(1), the director shall notify

7-27     that agency of the disclosure of the information not later than the

7-28     10th working day after the date the information is disclosed

7-29     unless:

7-30                 (1)  the person to whom the information is disclosed

7-31     requests the director to withhold notification to the agency; and

7-32                 (2)  the director determines that notification is

7-33     reasonably likely to interfere with an administrative or criminal

7-34     investigation or prosecution.

7-35           (h)  If the director withholds notification to an agency

7-36     under Subsection (g), the director shall notify the agency of the

7-37     disclosure of the information and the reason for withholding

7-38     notification when the director determines that notification is no

7-39     longer likely to interfere with an administrative or criminal

7-40     investigation or prosecution.

7-41           (i)  Information submitted to the director under Section

7-42     481.075 is confidential and remains confidential regardless of

7-43     whether the director permits access to the information under this

7-44     section.

7-45           (j)  This section expires September 1, 2003.  [The department

7-46     shall report semiannually, based on the state fiscal year, to the

7-47     Legislative Budget Board certifying that this subsection has been

7-48     complied with and setting forth in detail the results of monthly

7-49     audits showing that identities have been removed from the system

7-50     and made irretrievable in compliance with this subsection.  The

7-51     department shall correct any failure to comply with this subsection

7-52     as soon as practicable after discovery.  A person who is

7-53     responsible for a failure to comply with this subsection is subject

7-54     to disciplinary action, including dismissal.]

7-55           SECTION 7.  Subchapter C, Chapter 481, Health and Safety

7-56     Code, is amended by adding Section 481.0761 to read as follows:

7-57           Sec. 481.0761.  RULES; AUTHORITY TO CONTRACT.  (a)  The

7-58     director shall consult with the Texas State Board of Pharmacy and

7-59     by rule establish and revise as necessary a standardized database

7-60     format that may be used by a pharmacy to transmit the information

7-61     required by Section 481.075(i) to the director electronically or to

7-62     deliver the information on storage media, including disks, tapes,

7-63     and cassettes.

7-64           (b)  The director shall consult with the Texas Department of

7-65     Health, the Texas State Board of Pharmacy, and the Texas State

7-66     Board of Medical Examiners and by rule may:

7-67                 (1)  remove a controlled substance listed in Schedule

7-68     II from the official prescription program, if the director

7-69     determines that the burden imposed by the program substantially

 8-1     outweighs the risk of diversion of the particular controlled

 8-2     substance; or

 8-3                 (2)  return a substance previously removed from

 8-4     Schedule II to the official prescription program, if the director

 8-5     determines that the risk of diversion substantially outweighs the

 8-6     burden imposed by the program on the particular controlled

 8-7     substance.

 8-8           (c)  The director by rule may:

 8-9                 (1)  permit more than one prescription to be

8-10     administered or dispensed and recorded on one official prescription

8-11     form;

8-12                 (2)  remove from or return to the official prescription

8-13     program any aspect of the professional practice of practitioners or

8-14     pharmacists, including administering or dispensing;

8-15                 (3)  waive or delay any requirement relating to the

8-16     time or manner of reporting;

8-17                 (4)  establish compatibility protocols for electronic

8-18     data transfer hardware, software, or format;

8-19                 (5)  permit the use of triplicate or single

8-20     prescription forms during a period of transition;

8-21                 (6)  establish a procedure to control the release of

8-22     information under Sections 481.075 and 481.076; and

8-23                 (7)  establish a minimum level of prescription activity

8-24     below which a reporting activity may be modified or deleted.

8-25           (d)  The director by rule shall authorize a prescribing

8-26     practitioner to determine whether it is necessary to obtain a

8-27     particular patient identification number and to provide that number

8-28     on the official prescription form.

8-29           (e)  In adopting a rule relating to the electronic transfer

8-30     of information under this subchapter, the director shall consider

8-31     the economic impact of the rule on practitioners and pharmacists

8-32     and, to the extent permitted by law, act to minimize any negative

8-33     economic impact, including the imposition of costs related to

8-34     computer hardware or software or to the transfer of information.

8-35     The director may not adopt a rule relating to the electronic

8-36     transfer of information under this subchapter that imposes a fee in

8-37     addition to the fee authorized by Section 481.064.

8-38           (f)  The director may authorize a contract between the

8-39     department and another agency of this state or a private vendor as

8-40     necessary to ensure the effective operation of the official

8-41     prescription program.

8-42           (g)  This section expires September 1, 2003.

8-43           SECTION 8.  Subsection (a), Section 481.127, Health and

8-44     Safety Code, is amended to read as follows:

8-45           (a)  A person commits an offense if the person [intentionally

8-46     or] knowingly gives, permits, or obtains unauthorized access to

8-47     information submitted to the director [Department of Public Safety]

8-48     under Section 481.075.

8-49           SECTION 9.  Subsection (a), Section 481.128, Health and

8-50     Safety Code, is amended to read as follows:

8-51           (a)  A registrant or dispenser commits an offense if the

8-52     registrant or dispenser knowingly [or intentionally]:

8-53                 (1)  distributes, delivers, administers, or dispenses a

8-54     controlled substance in violation of Sections 481.070-481.075

8-55     [481.070-481.074];

8-56                 (2)  manufactures a controlled substance not authorized

8-57     by the person's registration or distributes or dispenses a

8-58     controlled substance not authorized by the person's registration to

8-59     another registrant or other person;

8-60                 (3)  refuses or fails to make, keep, or furnish a

8-61     record, report, notification, order form, statement, invoice, or

8-62     information required by this chapter;

8-63                 (4)  prints, manufactures, possesses, or produces a

8-64     prescription sticker or official [triplicate] prescription form

8-65     without the approval of the director [Department of Public Safety];

8-66                 (5)  delivers or possesses a counterfeit prescription

8-67     sticker or official [triplicate] prescription form;

8-68                 (6)  refuses an entry into a premise for an inspection

8-69     authorized by this chapter;

 9-1                 (7)  refuses or fails to return a [triplicate]

 9-2     prescription sticker [form] as required by Section 481.075(k)

 9-3     [481.075(h)]; or

 9-4                 (8)  refuses or fails to make, keep, or furnish a

 9-5     record, report, notification, order form, statement, invoice, or

 9-6     information required by a rule adopted [before June 1, 1991,] by

 9-7     the director.

 9-8           SECTION 10.  Subsection (a), Section 481.129, Health and

 9-9     Safety Code, is amended to read as follows:

9-10           (a)  A person commits an offense if the person knowingly [or

9-11     intentionally]:

9-12                 (1)  distributes as a registrant or dispenser a

9-13     controlled substance listed in Schedule I or II, unless the person

9-14     distributes the controlled substance under an order form as

9-15     required by Section 481.069;

9-16                 (2)  uses in the course of manufacturing, prescribing,

9-17     or distributing a controlled substance a registration number that

9-18     is fictitious, revoked, suspended, or issued to another person;

9-19                 (3)  uses a [triplicate] prescription sticker [form]

9-20     issued to another person to prescribe a Schedule II controlled

9-21     substance;

9-22                 (4)  possesses or attempts to possess a controlled

9-23     substance:

9-24                       (A)  by misrepresentation, fraud, forgery,

9-25     deception, or subterfuge;

9-26                       (B)  through use of a fraudulent prescription

9-27     form; or

9-28                       (C)  through use of a fraudulent oral or

9-29     telephonically communicated prescription; or

9-30                 (5)  furnishes false or fraudulent material information

9-31     in or omits material information from an application, report,

9-32     record, or other document required to be kept or filed under this

9-33     chapter.

9-34           SECTION 11.  Section 552.118, Government Code, is amended to

9-35     read as follows:

9-36           Sec. 552.118.  EXCEPTION:  OFFICIAL [TRIPLICATE] PRESCRIPTION

9-37     FORM.  Information is excepted from the requirements of Section

9-38     552.021 if it is information on or derived from an official [a

9-39     triplicate] prescription form filed with the director of the

9-40     Department of Public Safety under Section 481.075, Health and

9-41     Safety Code.

9-42           SECTION 12.  Subparagraph (i), Paragraph (J), Subdivision

9-43     (6), Subsection (d), Section 3.06, Medical Practice Act (Article

9-44     4495b, Vernon's Texas Civil Statutes), is amended to read as

9-45     follows:

9-46                             (i)  A physician may delegate to a

9-47     physician assistant offering obstetrical services and certified by

9-48     the board as specializing in obstetrics or an advanced nurse

9-49     practitioner recognized by the Texas State Board of Nurse Examiners

9-50     as a nurse midwife the act or acts of administering or providing

9-51     controlled substances to the nurse midwife's or physician

9-52     assistant's clients during intra-partum and immediate post-partum

9-53     care.  The physician may [shall] not delegate the use of a

9-54     prescription sticker or the use or issuance of an official [a

9-55     triplicate] prescription form under [the triplicate prescription

9-56     program,] Section 481.075, Health and Safety Code.

9-57           SECTION 13.  Except as otherwise provided by this section,

9-58     this Act takes effect September 1, 1999.  Section 7 of this Act

9-59     takes effect September 1, 1997.

9-60           SECTION 14.  The change in law made by this Act does not

9-61     affect any retention, use, or destruction requirement of Section

9-62     481.075 or 481.076, Health and Safety Code, that relates to a

9-63     prescription written under the triplicate prescription program

9-64     before September 1, 1999.  A provision of those sections relating

9-65     to retention of a triplicate record by a practitioner or pharmacist

9-66     or the use or destruction of information obtained through the

9-67     triplicate prescription program by the Department of Public Safety

9-68     continues in effect for the purpose of governing the disposition of

9-69     any triplicate prescription record or any information arising from

 10-1    a triplicate prescription written before September 1, 1999.

 10-2          SECTION 15.  A change in law made to Subsection (a), Section

 10-3    481.127, Subsection (a), Section 481.128, or Subsection (a),

 10-4    Section 481.129, Health and Safety Code, by this Act applies only

 10-5    to an offense committed under that section on or after September 1,

 10-6    1999.  An offense committed under one of those sections before

 10-7    September 1, 1999, is covered by the law in effect when the offense

 10-8    was committed, and the former law is continued in effect for that

 10-9    purpose.  For purposes of this section, an offense was committed

10-10    before September 1, 1999, if any element of the offense occurred

10-11    before that date.

10-12          SECTION 16.  The change in law made by this Act to

10-13    Subparagraph (i), Paragraph (J), Sudivision (6), Subsection (d),

10-14    Section 3.06, Medical Practice Act (Article 4495b, Vernon's Texas

10-15    Civil Statutes), does not affect the dispensing of a Schedule II

10-16    controlled substance by a pharmacist to:

10-17                (1)  a certified registered nurse anesthetist for use

10-18    in providing anesthesia or anesthesia-related services under the

10-19    Medical Practice Act; or

10-20                (2)  a certified nurse midwife or a physician assistant

10-21    certified by the Texas State Board of Medical Examiners as

10-22    specializing in obstetrics for use in administering a Schedule II

10-23    controlled substance to a client during the provision of

10-24    intra-partum and immediate postpartum care under the Medical

10-25    Practice Act.

10-26          SECTION 17.  The importance of this legislation and the

10-27    crowded condition of the calendars in both houses create an

10-28    emergency and an imperative public necessity that the

10-29    constitutional rule requiring bills to be read on three several

10-30    days in each house be suspended, and this rule is hereby suspended.

10-31                                 * * * * *