76R8504 JD-D                          
         By Madla                                               S.B. No. 254
         Substitute the following for S.B. No. 254:
         By Coleman                                         C.S.S.B. No. 254
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of the director of the Texas Department
 1-3     of Public Safety to permit the use of triplicate or single
 1-4     prescription forms under the Texas Controlled Substances Act.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 481.002(47), Health and Safety Code, is
 1-7     amended to read as follows:
 1-8                 (47)  "Official prescription form" means a prescription
 1-9     form that contains the prescription information required by Section
1-10     481.075 [and to which is affixed a prescription sticker].
1-11           SECTION 2.  Section 481.074(n), Health and Safety Code, is
1-12     amended to read as follows:
1-13           (n)  A pharmacist may permit the delivery of a controlled
1-14     substance to a person not known to the pharmacist, a pharmacist
1-15     intern, or the authorized delivery person without first requiring
1-16     the identification of the person to whom the controlled substance
1-17     is delivered if the pharmacist determines that an emergency exists
1-18     and that the controlled substance is needed for the immediate
1-19     well-being of the patient for whom the controlled substance is
1-20     prescribed.  If a pharmacist permits delivery of a controlled
1-21     substance under this subsection, the pharmacist shall retain in the
1-22     records of the pharmacy for a period of not less than two years all
1-23     information relevant to the delivery known to the pharmacist,
1-24     including the name, address, and date of birth or age of the person
 2-1     to whom the controlled substance is delivered.  [The pharmacist
 2-2     shall also retain in the records of the pharmacy for a period of
 2-3     not less than two years the patient identification number of the
 2-4     person to whom the controlled substance is delivered if the person
 2-5     has such a number and that number is required by the prescribing
 2-6     practitioner.]
 2-7           SECTION 3.  Sections 481.075(a)-(e), (i), and (k)-(m), Health
 2-8     and Safety Code, are amended to read as follows:
 2-9           (a)  A practitioner who prescribes a controlled substance
2-10     listed in Schedule II shall, except as provided by rule adopted
2-11     under Section 481.0761, record the prescription on an official [a]
2-12     prescription form that includes the information required by this
2-13     section [and affix to the form a prescription sticker issued by the
2-14     director under this section].
2-15           (b)  Each official prescription form [sticker] must be
2-16     sequentially numbered [and produced in a manner that makes
2-17     impossible removal of the sticker from the prescription form to
2-18     which it is affixed].
2-19           (c)  The director shall issue official prescription forms
2-20     [stickers] to practitioners for a fee covering the actual cost of
2-21     printing, processing, and mailing the forms [stickers] at 100
2-22     [stickers] a package.  Before mailing or otherwise delivering
2-23     prescription forms [stickers] to a practitioner, the director shall
2-24     print on each form [sticker] the number of the form [sticker] and
2-25     any other information the director determines is necessary.
2-26           (d)  A person may not obtain an official [a] prescription
2-27     form [sticker] unless the person is a practitioner as defined by
 3-1     Section 481.002(39)(A) or an institutional practitioner.
 3-2           (e)  Each official prescription form used to prescribe a
 3-3     Schedule II controlled substance must contain:
 3-4                 (1)  information provided by the prescribing
 3-5     practitioner, including:
 3-6                       (A)  the date the prescription is written;
 3-7                       (B)  the controlled substance prescribed;
 3-8                       (C)  the quantity of controlled substance
 3-9     prescribed, shown numerically followed by the number written as a
3-10     word;
3-11                       (D)  the intended use of the controlled substance
3-12     or the diagnosis for which it is prescribed and the instructions
3-13     for use of the substance;
3-14                       (E)  the practitioner's name, address, and
3-15     Federal Drug Enforcement Administration number; and
3-16                       (F)  the name, address, and date of birth or
3-17     age[, and patient identification number] of the person for whom the
3-18     controlled substance is prescribed;
3-19                 (2)  information provided by the dispensing pharmacist,
3-20     including the date the prescription is filled; and
3-21                 (3)  the signatures of the prescribing practitioner and
3-22     the dispensing pharmacist.
3-23           (i)  Each dispensing pharmacist shall:
3-24                 (1)  fill in on the official prescription form each
3-25     item of information given orally to the dispensing pharmacy under
3-26     Subsection (h), the date the prescription is filled, and the
3-27     dispensing pharmacist's signature;
 4-1                 (2)  retain with the records of the pharmacy for at
 4-2     least two years:
 4-3                       (A)  the official prescription form; and
 4-4                       (B)  the name or other patient identification
 4-5     required by Section 481.074(m) or (n); and
 4-6                 (3)  send all information required by the director,
 4-7     including any information required to complete an official
 4-8     prescription form, to the director by electronic transfer[, a
 4-9     universal claim form customarily used by pharmaceutical service
4-10     providers,] or another [other] form approved by the director,
4-11     including a universal claim form customarily used by pharmaceutical
4-12     services providers, not later than the 30th day after the date the
4-13     prescription is filled or not later than the 30th day after the
4-14     completion of a prescription dispensed under Section 481.074(f).
4-15           (k)  Not later than the 30th day after the date a
4-16     practitioner's department registration number, Federal Drug
4-17     Enforcement Administration number, or license to practice has been
4-18     denied, suspended, canceled, surrendered, or revoked, the
4-19     practitioner shall return to the department all official
4-20     prescription forms [stickers] in the practitioner's possession that
4-21     have not  been used for prescriptions.
4-22           (l)  Each prescribing practitioner:
4-23                 (1)  may use an official [a] prescription form
4-24     [sticker] only to prescribe a controlled substance;
4-25                 (2)  shall date or sign an official prescription form
4-26     only on the date the prescription is issued; and
4-27                 (3)  shall take reasonable precautionary measures to
 5-1     ensure that an official [a] prescription form [sticker] issued to
 5-2     the practitioner is not used by another person to violate this
 5-3     subchapter or a rule adopted under this subchapter.
 5-4           (m)  A pharmacy in this state may fill a prescription for a
 5-5     controlled substance listed in Schedule II issued by a practitioner
 5-6     in another state if:
 5-7                 (1)  a [substantial] share of the pharmacy's business
 5-8     involves the dispensing and delivery or mailing of controlled
 5-9     substances;
5-10                 (2)  the prescription is issued by a prescribing
5-11     practitioner in the other state in the ordinary course of practice;
5-12     and
5-13                 (3)  the prescription is filled in compliance with a
5-14     written plan providing the manner in which the pharmacy may fill a
5-15     Schedule II prescription issued by a practitioner in another state
5-16     that:
5-17                       (A)  is submitted by the pharmacy to the
5-18     director; and
5-19                       (B)  is approved by the director in consultation
5-20     with the Texas State Board of Pharmacy.
5-21           SECTION 4.  Sections 481.076(g) and (h), Health and Safety
5-22     Code, are amended to read as follows:
5-23           (g)  If the director permits access to information under
5-24     Subsection (a)(3)(A) relating to a person licensed or regulated by
5-25     an agency listed in Subsection (a)(1), the director shall notify
5-26     that agency of the disclosure of the information not later than the
5-27     10th working day after the date the information is disclosed
 6-1     [unless:]
 6-2                 [(1)  the person to whom the information is disclosed
 6-3     requests the director to withhold notification to the agency; and]
 6-4                 [(2)  the director determines that notification is
 6-5     reasonably likely to interfere with an administrative or criminal
 6-6     investigation or prosecution].
 6-7           (h)  If the director withholds notification to an agency
 6-8     under Subsection (f)[(g)], the director shall notify the agency of
 6-9     the  disclosure of the information and the reason for withholding
6-10     notification when the director determines that notification is no
6-11     longer likely to interfere with an administrative or criminal
6-12     investigation or prosecution.
6-13           SECTION 5.  The following Health and Safety Code sections are
6-14     repealed:
6-15                 (1)  Sections 481.002(51), (53), (54), and (55);
6-16                 (2)  Section 481.075(n);
6-17                 (3)  Section 481.076(j); and
6-18                 (4)  Section 481.0761(g).
6-19           SECTION 6.  Section 40, Chapter 745, Acts of the 75th
6-20     Legislature, Regular Session, 1997, is amended to read as follows:
6-21           Sec. 40.  The changes in law made by this Act relating to a
6-22     prescription written under the triplicate prescription program take
6-23     effect September 1, 1999, except that Section 481.0761, Health and
6-24     Safety Code, as added by this Act, takes effect September 1, 1997.
6-25     The director of the Department of Public Safety by rule may permit
6-26     the use of triplicate or single prescription forms during a period
6-27     of transition[, but not after March 1, 1999].
 7-1           SECTION 7.  This Act takes effect September 1, 1999.
 7-2           SECTION 8.  The importance of this legislation and the
 7-3     crowded condition of the calendars in both houses create an
 7-4     emergency and an imperative public necessity that the
 7-5     constitutional rule requiring bills to be read on three several
 7-6     days in each house be suspended, and this rule is hereby suspended.