By: Williams S.B. No. 904
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prescriptions issued for certain controlled
  substances.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 481.074, Health and Safety Code, is
  amended by adding Subsection (d-1) and amending Subsection (k) to
  read as follows:
         (d-1)  Notwithstanding Subsection (d), a prescribing
  practitioner may issue multiple prescriptions authorizing the
  patient to receive a total of up to a 90-day supply of a Schedule II
  controlled substance if:
               (1)  each separate prescription is issued for a
  legitimate medical purpose by a prescribing practitioner acting in
  the usual course of professional practice;
               (2)  the prescribing practitioner provides written
  instructions on each prescription to be filled at a later date
  indicating the earliest date on which a pharmacy may fill each
  prescription;
               (3)  the prescribing practitioner concludes that
  providing the patient with multiple prescriptions in this manner
  does not create an undue risk of diversion or abuse; and
               (4)  the issuance of multiple prescriptions complies
  with other applicable state and federal laws.
         (k)  A prescription for a controlled substance must show:
               (1)  the quantity of the substance prescribed:
                     (A)  numerically, followed by the number written
  as a word, if the prescription is written; or
                     (B)  if the prescription is communicated orally or
  telephonically, as transcribed by the receiving pharmacist;
               (2)  the date of issue;
               (2-a)  if the prescription is issued for a Schedule II
  controlled substance to be filled at a later date under Subsection
  (d-1), the earliest date on which a pharmacy may fill the
  prescription;
               (3)  the name, address, and date of birth or age of the
  patient or, if the controlled substance is prescribed for an
  animal, the species of the animal and the name and address of its
  owner;
               (4)  the name and strength of the controlled substance
  prescribed;
               (5)  the directions for use of the controlled
  substance;
               (6)  the intended use of the substance prescribed
  unless the practitioner determines the furnishing of this
  information is not in the best interest of the patient;
               (7)  the legibly printed or stamped name, address,
  Federal Drug Enforcement Administration registration number, and
  telephone number of the practitioner at the practitioner's usual
  place of business;
               (8)  if the prescription is handwritten, the signature
  of the prescribing practitioner; and
               (9)  if the prescribing practitioner is licensed in
  this state, the practitioner's department registration number.
         SECTION 2.  Subsection (e), Section 481.075, Health and
  Safety Code, is amended to read as follows:
         (e)  Each official prescription form used to prescribe a
  Schedule II controlled substance must contain:
               (1)  information provided by the prescribing
  practitioner, including:
                     (A)  the date the prescription is written;
                     (B)  the controlled substance prescribed;
                     (C)  the quantity of controlled substance
  prescribed, shown numerically followed by the number written as a
  word;
                     (D)  the intended use of the controlled substance
  or the diagnosis for which it is prescribed and the instructions for
  use of the substance;
                     (E)  the practitioner's name, address, department
  registration number, and Federal Drug Enforcement Administration
  number; [and]
                     (F)  the name, address, and date of birth or age of
  the person for whom the controlled substance is prescribed; and
                     (G)  if the prescription is issued to be filled at
  a later date under Section 481.074(d-1), the earliest date on which
  a pharmacy may fill the prescription;
               (2)  information provided by the dispensing
  pharmacist, including the date the prescription is filled; and
               (3)  the signatures of the prescribing practitioner and
  the dispensing pharmacist.
         SECTION 3.  Subsection (c), Section 481.0761, Health and
  Safety Code, is amended to read as follows:
         (c)  The director by rule may:
               (1)  permit more than one prescription to be
  administered or dispensed and recorded on one prescription form for
  a Schedule III through V controlled substance;
               (1-a)  establish a procedure for the issuance of
  multiple prescriptions of a Schedule II controlled substance under
  Section 481.074(d-1);
               (2)  remove from or return to the official prescription
  program any aspect of a practitioner's or pharmacist's hospital
  practice, including administering or dispensing;
               (3)  waive or delay any requirement relating to the
  time or manner of reporting;
               (4)  establish compatibility protocols for electronic
  data transfer hardware, software, or format;
               (5)  establish a procedure to control the release of
  information under Sections 481.074, 481.075, and 481.076; and
               (6)  establish a minimum level of prescription activity
  below which a reporting activity may be modified or deleted.
         SECTION 4.  The change in law made by this Act applies only
  to the issuance of a prescription on or after the effective date of
  this Act. The issuance of a prescription before the effective date
  of this Act is covered by the law in effect when the prescription
  was issued, and the former law is continued in effect for that
  purpose.
         SECTION 5.  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, 2009.