Amend SB 753 by striking SECTION 10 of the bill and
substituting the following:
      SECTION 10. Section 481.074, Health and Safety Code, is
amended by amending Subsections (b), (c), and (f), and by adding
Subsections (o) and (p) to read as follows:
      (b)  Except in an emergency as defined by rule of the
director or as provided by Subsection (o) or Section 481.075(j) or
(m), a person may not dispense or administer a controlled substance
listed in Schedule II without the written prescription of a
practitioner on an official prescription form that meets the
requirements of and is completed by the practitioner in accordance
with Section 481.075<, and if the controlled substance is to be
dispensed, the practitioner must be registered under Section
481.063>.  In an emergency, a person may dispense or administer a
controlled substance listed in Schedule II on the oral or
telephonically communicated prescription of a practitioner.  The
person who administers or dispenses the substance shall:
            (1)  if the person is a prescribing practitioner or a
pharmacist, promptly comply with Subsection (c); or
            (2)  if the person is not a prescribing practitioner or
a pharmacist, promptly write the oral or telephonically
communicated prescription and include in the written record of the
prescription the name, address, and Federal Drug Enforcement
Administration number of the prescribing practitioner, all
information required to be provided by a practitioner under Section
481.075(e)(1), and all information required to be provided by a
dispensing pharmacist under Section 481.075(e)(2).
      (c)  Not later than the seventh day after the date a
prescribing practitioner authorizes <72 hours after authorizing> an
emergency oral or telephonically communicated prescription, the
prescribing practitioner shall cause a written prescription,
completed in the manner required by Section 481.075, to be
delivered in person or mailed to the dispensing pharmacist at the
pharmacy where the prescription was dispensed.  The envelope of a
prescription delivered by mail must be postmarked not later than
the seventh day after the date <72 hours after> the prescription
was authorized.  On receipt of the prescription, the dispensing
pharmacy shall file the transcription of the telephonically
communicated prescription and the pharmacy copy and shall send
information to the director as required by Section 481.075.  <The
pharmacist or the pharmacy that employs the pharmacist shall send
all information required by the director, including any information
required to complete an official prescription form, to the director
by electronic transfer, a universal claim form customarily used by
pharmaceutical service providers, or other form approved by the
director not later than the 30th day after the date the
prescription was dispensed.>
      (f)  A prescription for a Schedule II controlled substance
written for a patient in a long-term care facility (LTCF) or for a
patient with a medical diagnosis documenting a terminal illness may
be filled in partial quantities to include individual dosage units.
If there is any question about whether a patient may be classified
as having a terminal illness, the pharmacist must contact the
practitioner before <prior to> partially filling the prescription.
Both the pharmacist and the practitioner have a corresponding
responsibility to assure that the controlled substance is for a
terminally ill patient.  The pharmacist must record the
prescription on an official prescription form and must indicate on
the form whether the patient is "terminally ill" or an "LTCF
patient."   A prescription that is partially filled and does not
contain the notation "terminally ill" or "LTCF patient" is
considered <shall be deemed> to have been filled in violation of
this chapter <Act>.  For each partial filling, the dispensing
pharmacist shall record on the back of the official prescription
form the date of the partial filling, the quantity dispensed, the
remaining quantity authorized to be dispensed, and the
identification of the dispensing pharmacist.  Before <Prior to> any
subsequent partial filling, the pharmacist must <is to> determine
that the additional partial filling is necessary.    The total
quantity of Schedule II controlled substances dispensed in all
partial fillings may <must> not exceed the total quantity
prescribed.  Schedule II prescriptions for patients in a long-term
care facility or patients with a medical diagnosis documenting a
terminal illness are <shall be> valid for a period not to exceed 60
<30> days following <from> the issue date unless sooner terminated
by discontinuance of the medication.
      (o)  A pharmacist may dispense a Schedule II controlled
substance pursuant to a facsimile copy of an official prescription
completed in the manner required by Section 481.075 and transmitted
by the practitioner or the practitioner's agent to the pharmacy if:
            (1)  the prescription is written for:
                  (A)  a Schedule II narcotic or non-narcotic
substance for a patient in a long-term care facility (LTCF), and
the practitioner notes on the prescription "LTCF patient";
                  (B)  a Schedule II narcotic product to be
compounded for the direct administration to a patient by
parenteral, intravenous, intramuscular, subcutaneous, or
intraspinal infusion; or
                  (C)  a Schedule II narcotic substance for a
patient with a medical diagnosis documenting a terminal illness or
a patient enrolled in a hospice care program certified or paid for
by Medicare under Title XVIII or a hospice program that is licensed
under Chapter 142, and the practitioner or the practitioner's agent
notes on the prescription "hospice patient"; and
            (2)  the prescribing practitioner promptly complies
with Subsection (p).
      (p)  Not later than the seventh day after the date a
prescribing practitioner transmits the facsimile copy of the
official prescription to the pharmacy, the prescribing practitioner
shall deliver in person or mail the official written prescription
to the dispensing pharmacist at the pharmacy where the prescription
was dispensed.  The envelope of a prescription delivered by mail
must be postmarked not later than the seventh day after the date
the official prescription was written.  On receipt of the
prescription, the dispensing pharmacy shall file the facsimile copy
of the prescription with the official prescription and shall send
information to the director as required by Section 481.075.