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A BILL TO BE ENTITLED
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AN ACT
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relating to prescriptions issued for certain controlled |
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substances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.074, Health and Safety Code, is |
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amended by adding Subsection (d-1) and amending Subsection (k) to |
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read as follows: |
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(d-1) Notwithstanding Subsection (d), a prescribing |
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practitioner may issue multiple prescriptions authorizing the |
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patient to receive a total of up to a 90-day supply of a Schedule II |
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controlled substance if: |
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(1) each separate prescription is issued for a |
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legitimate medical purpose by a prescribing practitioner acting in |
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the usual course of professional practice; |
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(2) the prescribing practitioner provides written |
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instructions on each prescription to be filled at a later date |
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indicating the earliest date on which a pharmacy may fill each |
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prescription; |
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(3) the prescribing practitioner concludes that |
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providing the patient with multiple prescriptions in this manner |
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does not create an undue risk of diversion or abuse; and |
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(4) the issuance of multiple prescriptions complies |
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with other applicable state and federal laws. |
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(k) A prescription for a controlled substance must show: |
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(1) the quantity of the substance prescribed: |
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(A) numerically, followed by the number written |
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as a word, if the prescription is written; or |
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(B) if the prescription is communicated orally or |
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telephonically, as transcribed by the receiving pharmacist; |
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(2) the date of issue; |
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(2-a) if the prescription is issued for a Schedule II |
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controlled substance to be filled at a later date under Subsection |
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(d-1), the earliest date on which a pharmacy may fill the |
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prescription; |
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(3) the name, address, and date of birth or age of the |
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patient or, if the controlled substance is prescribed for an |
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animal, the species of the animal and the name and address of its |
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owner; |
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(4) the name and strength of the controlled substance |
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prescribed; |
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(5) the directions for use of the controlled |
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substance; |
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(6) the intended use of the substance prescribed |
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unless the practitioner determines the furnishing of this |
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information is not in the best interest of the patient; |
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(7) the legibly printed or stamped name, address, |
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Federal Drug Enforcement Administration registration number, and |
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telephone number of the practitioner at the practitioner's usual |
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place of business; |
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(8) if the prescription is handwritten, the signature |
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of the prescribing practitioner; and |
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(9) if the prescribing practitioner is licensed in |
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this state, the practitioner's department registration number. |
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SECTION 2. Subsection (e), Section 481.075, Health and |
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Safety Code, is amended to read as follows: |
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(e) Each official prescription form used to prescribe a |
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Schedule II controlled substance must contain: |
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(1) information provided by the prescribing |
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practitioner, including: |
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(A) the date the prescription is written; |
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(B) the controlled substance prescribed; |
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(C) the quantity of controlled substance |
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prescribed, shown numerically followed by the number written as a |
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word; |
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(D) the intended use of the controlled substance |
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or the diagnosis for which it is prescribed and the instructions for |
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use of the substance; |
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(E) the practitioner's name, address, department |
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registration number, and Federal Drug Enforcement Administration |
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number; [and] |
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(F) the name, address, and date of birth or age of |
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the person for whom the controlled substance is prescribed; and |
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(G) if the prescription is issued to be filled at |
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a later date under Section 481.074(d-1), the earliest date on which |
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a pharmacy may fill the prescription; |
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(2) information provided by the dispensing |
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pharmacist, including the date the prescription is filled; and |
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(3) the signatures of the prescribing practitioner and |
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the dispensing pharmacist. |
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SECTION 3. Subsection (c), Section 481.0761, Health and |
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Safety Code, is amended to read as follows: |
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(c) The director by rule may: |
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(1) permit more than one prescription to be |
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administered or dispensed and recorded on one prescription form for |
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a Schedule III through V controlled substance; |
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(1-a) establish a procedure for the issuance of |
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multiple prescriptions of a Schedule II controlled substance under |
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Section 481.074(d-1); |
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(2) remove from or return to the official prescription |
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program any aspect of a practitioner's or pharmacist's hospital |
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practice, including administering or dispensing; |
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(3) waive or delay any requirement relating to the |
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time or manner of reporting; |
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(4) establish compatibility protocols for electronic |
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data transfer hardware, software, or format; |
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(5) establish a procedure to control the release of |
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information under Sections 481.074, 481.075, and 481.076; and |
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(6) establish a minimum level of prescription activity |
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below which a reporting activity may be modified or deleted. |
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SECTION 4. The change in law made by this Act applies only |
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to the issuance of a prescription on or after the effective date of |
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this Act. The issuance of a prescription before the effective date |
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of this Act is covered by the law in effect when the prescription |
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was issued, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |