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 * * * * *