78(R) SB 144 - Senate Committee Report version


                                                                                


By:  Averitt                                                      S.B. No. 144
	(In the Senate - Filed November 26, 2002; January 29, 2003, 
read first time and referred to Committee on Health and Human 
Services; March 20, 2003, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 9, Nays 0; 
March 20, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 144                                    By:  Zaffirini


A BILL TO BE ENTITLED

AN ACT


relating to the requirement that certain information be provided to 
health care practitioners regarding the use and abuse of certain 
drugs.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 153, Occupations Code, is 
amended by adding Sections 153.014 and 153.015 to read as follows:
	Sec. 153.014.  INFORMATION PROVIDED TO LICENSE HOLDERS.  At 
least once each biennium, the board shall provide to each license 
holder information on:
		(1)  prescribing and dispensing pain medications, with 
particular emphasis on Schedule II and Schedule III controlled 
substances;
		(2)  abusive and addictive behavior of certain persons 
who use prescription pain medications;
		(3)  common diversion strategies employed by certain 
persons who use prescription pain medications, including 
fraudulent prescription patterns; and
		(4)  the appropriate use of pain medications and the 
differences between addiction, pseudo-addiction, tolerance, and 
physical dependence.
	Sec. 153.015.  POISON CONTROL CENTER INFORMATION.  The board 
shall provide to each license holder information regarding the 
services provided by poison control centers.
	SECTION 2.  Subchapter D, Chapter 202, Occupations Code, is 
amended by adding Sections 202.160 and 202.161 to read as follows:
	Sec. 202.160.  INFORMATION PROVIDED TO LICENSE HOLDERS.  At 
least once each biennium, the board shall provide to each license 
holder information on:
		(1)  prescribing and dispensing pain medications, with 
particular emphasis on Schedule II and Schedule III controlled 
substances;
		(2)  abusive and addictive behavior of certain persons 
who use prescription pain medications;
		(3)  common diversion strategies employed by certain 
persons who use prescription pain medications, including 
fraudulent prescription patterns; and
		(4)  the appropriate use of pain medications and the 
differences between addiction, pseudo-addiction, tolerance, and 
physical dependence.
	Sec. 202.161.  POISON CONTROL CENTER INFORMATION.  The board 
shall provide to each license holder information regarding the 
services provided by poison control centers.
	SECTION 3.  Chapter 254, Occupations Code, is amended by 
adding Sections 254.013 and 254.014 to read as follows:
	Sec. 254.013.  INFORMATION PROVIDED TO LICENSE HOLDERS.  At 
least once each biennium, the board shall provide to each license 
holder information on:
		(1)  prescribing and dispensing pain medications, with 
particular emphasis on Schedule II and Schedule III controlled 
substances;
		(2)  abusive and addictive behavior of certain persons 
who use prescription pain medications;
		(3)  common diversion strategies employed by certain 
persons who use prescription pain medications, including 
fraudulent prescription patterns; and
		(4)  the appropriate use of pain medications and the 
differences between addiction, pseudo-addiction, tolerance, and 
physical dependence.
	Sec. 254.014.  POISON CONTROL CENTER INFORMATION.  The board 
shall provide to each license holder information regarding the 
services provided by poison control centers.
	SECTION 4.  Subchapter D, Chapter 301, Occupations Code, is 
amended by adding Sections 301.1581 and 301.1582 to read as 
follows:
	Sec. 301.1581.  INFORMATION PROVIDED TO LICENSE HOLDERS.  At 
least once each biennium, the board shall provide to each license 
holder information on:
		(1)  prescribing and dispensing pain medications, with 
particular emphasis on Schedule II and Schedule III controlled 
substances;
		(2)  abusive and addictive behavior of certain persons 
who use prescription pain medications;
		(3)  common diversion strategies employed by certain 
persons who use prescription pain medications, including 
fraudulent prescription patterns; and
		(4)  the appropriate use of pain medications and the 
differences between addiction, pseudo-addiction, tolerance, and 
physical dependence.
	Sec. 301.1582.  POISON CONTROL CENTER INFORMATION.  The 
board shall provide to each license holder information regarding 
the services provided by poison control centers.
	SECTION 5.  Subchapter D, Chapter 302, Occupations Code, is 
amended by adding Sections 302.1551 and 302.1552 to read as 
follows:
	Sec. 302.1551.  INFORMATION PROVIDED TO LICENSE HOLDERS.  At 
least once each biennium, the board shall provide to each license 
holder information on:
		(1)  prescribing and dispensing pain medications, with 
particular emphasis on Schedule II and Schedule III controlled 
substances;
		(2)  abusive and addictive behavior of certain persons 
who use prescription pain medications;
		(3)  common diversion strategies employed by certain 
persons who use prescription pain medications, including 
fraudulent prescription patterns; and
		(4)  the appropriate use of pain medications and the 
differences between addiction, pseudo-addiction, tolerance, and 
physical dependence.
	Sec. 302.1552.  POISON CONTROL CENTER INFORMATION.  The 
board shall provide to each license holder information regarding 
the services provided by poison control centers.
	SECTION 6.  Subchapter A, Chapter 554, Occupations Code, is 
amended by adding Sections 554.014 and 554.015 to read as follows:
	Sec. 554.014.  INFORMATION PROVIDED TO LICENSE HOLDERS.  At 
least once each biennium, the board shall provide to each license 
holder information on:
		(1)  prescribing and dispensing pain medications, with 
particular emphasis on Schedule II and Schedule III controlled 
substances;
		(2)  abusive and addictive behavior of certain persons 
who use prescription pain medications;
		(3)  common diversion strategies employed by certain 
persons who use prescription pain medications, including 
fraudulent prescription patterns; and
		(4)  the appropriate use of pain medications and the 
differences between addiction, pseudo-addiction, tolerance, and 
physical dependence.
	Sec. 554.015.  POISON CONTROL CENTER INFORMATION.  The board 
shall provide to each license holder information regarding the 
services provided by poison control centers.
	SECTION 7.  (a)  This Act takes effect September 1, 2003.                      
	(b)  A state agency that is subject to this Act shall develop 
written and other materials that contain the information required 
by this Act not later than January 1, 2004.  The state agencies that 
are subject to this Act shall:
		(1)  cooperate in developing the materials; and                               
		(2)  ensure, to the extent possible, that the same 
information is contained in the materials used by each agency.



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