SRC-ARR S.B. 254 76(R)BILL ANALYSIS


Senate Research CenterS.B. 254
By: Madla
Health Services
8/9/1999
Enrolled


DIGEST 

Currently, Texas law requires that prescriptions written for Schedule II
Controlled Substances be issued on serially numbered triplicate
prescription forms. One form is kept by the doctor, one by the pharmacist,
and one is sent by the pharmacist to the Department of Public Safety (DPS)
for monitoring purposes. In 1995, H.B. 1070 was amended to allow doctors to
use a serially numbered non-transferable sticker to issue a prescription,
and the pharmacist to enter the information into the computer and
electronically transfer the information to DPS.  S.B. 254 authorizes the
director of the DPS to permit the use of triplicate or single prescription
forms under the Texas Controlled Substance Act. 

PURPOSE

As enrolled, S.B. 254 authorizes the director of the Department of Public
Safety to permit the use of triplicate or single prescription forms under
the Texas Controlled Substance Act. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 481.002, Health and Safety Code, to redefine
"official prescription form." 

SECTION 2. Amends Section 481.074(n), Health and Safety Code, to delete
text requiring the pharmacist to also retain the patient identification
number in the record of the pharmacy for a period of time certain
information. 

SECTION 3. Amends Subsections (a)-(e), (i), (k), (l), and (m), Section
481.075, Health and Safety Code, to require a practitioner who prescribes a
controlled substance listed in Schedule II except as provided by rule
adopted under Section 481.0761, to record the prescription on an official
prescription form. Deletes text regarding a prescription sticker. Requires
each official prescription form, rather than sticker, to be sequentially
numbered. Deletes text regarding the impossible removal of the sticker from
the prescription form. Authorizes a pharmacy in this state to fill a
prescription for a controlled substance listed in schedule II issued by a
practitioner in another state if a share of the pharmacy's business
involves delivery. Makes conforming changes.  

SECTION 4. Amends Sections 481.076(g) and (h), Health and Safety Code, to
delete certain provisions requiring the director to notify a certain agency
of the disclosure information. Makes conforming changes.  

SECTION 5. Repealers: (1) Sections 481.002 (51), (53), (54), and (55),
Health and Safety Code (certain definitions). 

 (2) Section 481.075(n), Health and Safety Code (This section expires
September 1, 2003.) 

 (3) Section 481.076(j), Health and Safety Code (This section expires
September 1, 2003.) 

  (4) Section 481.0761(g), Health and Safety Code (This section expires
September 1, 2003.) 

SECTION 6. Amends Section 40, Chapter 745, Acts of the 75th Legislature,
Regular Session, 1997 to authorize the director of the Department of Public
Safety, by rule, to permit the use of triplicate or single prescription
forms during a period of transition, rather than during the transition
period but not after March 1, 1999. 

SECTION 7. Effective date: September 1, 1999.

SECTION 8. Emergency clause.