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Amend CSHB 2730 (Senate committee printing) by adding the
following appropriately numbered ARTICLE to the bill and
renumbering subsequent ARTICLES accordingly:
ARTICLE ___. TRANSFER OF REGULATORY PROGRAMS RELATING TO
DISPENSING CONTROLLED SUBSTANCES BY PRESCRIPTION
SECTION ___.01. (a) The director of the Department of
Public Safety or the director's designee, the executive director of
the Texas State Board of Pharmacy or the executive director's
designee, and the executive director of the Texas Medical Board or
the executive director's designee shall meet as an interagency
council to develop a transition plan for the orderly transfer from
the Department of Public Safety to the Texas State Board of Pharmacy
of certain records and regulatory functions relating to dispensing
controlled substances by prescription under Chapter 481, Health and
Safety Code.
(b) In developing the transition plan, the council shall:
(1) consult with the Health and Human Services
Commission, the Department of State Health Services, and other
health and human services agencies that contract with a third party
for data collection;
(2) specify the records and regulatory functions to be
transferred;
(3) create a time frame within which the specified
records and functions will be transferred;
(4) ensure the Department of Public Safety's continued
access for law enforcement purposes to prescription drug
information obtained under Chapter 481, Health and Safety Code;
(5) develop a plan for the transfer of relevant
database information;
(6) make recommendations for improvements to data
transmission, including examining the feasibility of implementing
an electronic data transmission system for use by registrants and
the Department of Public Safety or the Texas State Board of
Pharmacy;
(7) estimate the fiscal impact of the transfer,
including an estimate of the costs associated with any necessary
staff increase;
(8) minimize disruptions to the professions affected
by the transfer;
(9) identify any obstacles to the transfer and make
recommendations to address those obstacles; and
(10) address any other consideration the council
determines is appropriate.
(c) Not later than January 1, 2011, the council shall submit
its recommendations to the legislature on the transition plan
developed by the council.
(d) The Department of Public Safety may not enter into any
contract or otherwise take any action that would prevent, delay, or
hinder a potential transfer to the Texas State Board of Pharmacy
occurring on or after September 1, 2011, of certain records and
regulatory functions relating to dispensing controlled substances
by prescription.
(e) This section expires September 1, 2011.