79R6705 JD-F

By:  Deuell                                                       S.B. No. 1521



A BILL TO BE ENTITLED

AN ACT

relating to the authority of a pharmacist to dispense a Schedule II 
controlled substance pursuant to a facsimile copy of an official 
prescription.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 481.074(o) and (p), Health and Safety 
Code, are amended to read as follows:
	(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 nonnarcotic 
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, Social Security Act (42 U.S.C. 
Section 1395 et seq.), as amended, or a hospice program that is 
licensed under Chapter 142, and the practitioner or the 
practitioner's agent notes on the prescription "terminally ill" or 
"hospice patient"; and
		(2)  after transmitting the prescription, the 
prescribing practitioner or the practitioner's agent:
			(A)  writes across the face of the official 
prescription "VOID--sent by fax to (name and telephone number of 
receiving pharmacy)"; and
			(B)  files the official prescription in the 
patient's medical records instead of delivering it to the patient
[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.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.