SRC-ARR S.B. 1235 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1235
By: Nelson
Health Services
6/29/1999
Enrolled


DIGEST 

Currently, Texas physicians licensed to practice in the state have a
Federal Drug Enforcement Administration (DEA) number. The sole purpose for
these numbers, according to the DEA, is to provide certification of
registration in transactions involving controlled substances. Insurance
companies are currently requiring these numbers for the purpose of
reimbursement under insurance plans. The DEA does not endorse this type of
use but does not have the available manpower to enforce compliance. S.B.
1235 prohibits anyone in this state, including any individual regulated by
the Texas Department of Insurance, from using a practitioner's DEA number
for any purpose other than a purpose described by a federal law. 

PURPOSE

As enrolled, S.B. 1235 regulates the use of a medical practitioner's
Federal Drug Enforcement Administration number, creates an offense. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the director of the Texas Department of
Public Safety in SECTION 1 (Section 481.003(b), Health and Safety Code) and
SECTION 2 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 481.003, Health and Safety Code, to require the
director of the Department of Public Safety (DPS), by rule, to prohibit a
person in this state, including a person regulated by the Texas Department
of Insurance, under the Insurance Code or the other insurance laws of this
state, from using a practitioner's Federal Drug Enforcement Administration
number for a purpose other than a purpose described by federal law or by
this chapter. Provides that a person who violates a rule adopted under this
subsection commits a Class C misdemeanor. 

SECTION 2. Requires the director of DPS to adopt rules required by Section
481.003, Health and Safety Code, not later than January 1, 2000. Provides
that a rule adopted by the director of the DPS under this Act takes effect
on January 1, 2003. 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.