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A BILL TO BE ENTITLED
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AN ACT
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relating to the monitoring of prescriptions for certain controlled |
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substances; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.002, Health and Safety Code, is |
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amended by amending Subdivision (32) and adding Subdivision (54) to |
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read as follows: |
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(32) "Patient" means a human for whom or an animal for |
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which a drug: |
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(A) is administered, dispensed, delivered, or |
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prescribed by a practitioner; or |
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(B) is intended to be administered, dispensed, |
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delivered, or prescribed by a practitioner. |
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(54) "Health information exchange" means an |
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organization that: |
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(A) assists in the transmission or receipt of |
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health-related information among organizations transmitting or |
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receiving the information according to nationally recognized |
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standards and under an express written agreement; or |
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(B) compiles and organizes health-related |
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information that is transmitted by the organization. |
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SECTION 2. Subsections (e) and (i), Section 491.075, Health |
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and Safety Code, are amended to read as follows: |
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(e) Each official prescription form or electronic |
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prescription used to prescribe a Schedule II controlled substance |
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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 issued; |
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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: |
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(i) numerically, followed by the number |
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written as a word, if the prescription is written; or |
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(ii) numerically, if the prescription is |
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electronic; |
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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, and |
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Federal Drug Enforcement Administration number issued for |
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prescribing a controlled substance in this state; |
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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 the |
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method of payment used to pay for the prescription; and |
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(3) for a written prescription, the signatures of the |
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prescribing practitioner and the dispensing pharmacist or for an |
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electronic prescription, the prescribing practitioner's electronic |
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signature or other secure method of validation authorized by |
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federal law. |
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(i) Each dispensing pharmacist shall: |
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(1) fill in on the official prescription form or note |
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in the electronic prescription record each item of information |
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given orally to the dispensing pharmacy under Subsection (h), [and] |
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the date the prescription is filled, and the method of payment used |
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to pay for the prescription, and: |
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(A) for a written prescription, fill in the |
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dispensing pharmacist's signature; or |
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(B) for an electronic prescription, |
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appropriately record the identity of the dispensing pharmacist in |
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the electronic prescription record; |
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(2) retain with the records of the pharmacy for at |
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least two years: |
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(A) the official prescription form or the |
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electronic prescription record, as applicable; and |
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(B) the name or other patient identification |
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required by Section 481.074(m) or (n); and |
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(3) send all information required by the director, |
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including any information required to complete an official |
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prescription form or electronic prescription record, to the |
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director by electronic transfer or another form approved by the |
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director not later than the seventh day after the date the |
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prescription is completely filled. |
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SECTION 3. Section 481.076, Health and Safety Code, is |
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amended by amending Subsections (a), (d), and (e) and adding |
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Subsection (a-1) to read as follows: |
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(a) The director may not permit any person to have access to |
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information submitted to the director under Section 481.074(q) or |
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481.075 except: |
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(1) an investigator for the Texas Medical Board, the |
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Texas State Board of Podiatric Medical Examiners, the State Board |
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of Dental Examiners, the State Board of Veterinary Medical |
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Examiners, the Texas Board of Nursing, or the Texas State Board of |
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Pharmacy; |
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(2) an authorized officer or member of the department |
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engaged in the administration, investigation, or enforcement of |
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this chapter or another law governing illicit drugs in this state or |
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another state; or |
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(3) if the director finds that proper need has been |
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shown to the director: |
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(A) a law enforcement or prosecutorial official |
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engaged in the administration, investigation, or enforcement of |
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this chapter or another law governing illicit drugs in this state or |
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another state; |
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(B) a pharmacist or a pharmacy technician, as |
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defined by Section 551.003, Occupations Code, acting at the |
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direction of a pharmacist or a practitioner who is a physician, |
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dentist, veterinarian, podiatrist, or advanced practice nurse or is |
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a physician assistant described by Section 481.002(39)(D) or a |
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nurse licensed under Chapter 301, Occupations Code, acting at the |
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direction of a practitioner and is inquiring about a recent |
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Schedule II, III, IV, or V prescription history of a particular |
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patient of the practitioner; or |
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(C) a pharmacist or practitioner who is inquiring |
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about the person's own dispensing or prescribing activity. |
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(a-1) A person authorized to receive information under |
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Subsection (a)(3)(B) or (C) may access that information through a |
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health information exchange. |
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(d) Information submitted to the director under this |
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section may be used only for: |
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(1) the administration, investigation, or enforcement |
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of this chapter or another law governing illicit drugs in this state |
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or another state; |
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(2) investigatory or evidentiary purposes in |
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connection with the functions of an agency listed in Subsection |
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(a)(1); [or] |
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(3) dissemination by the director to the public in the |
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form of a statistical tabulation or report if all information |
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reasonably likely to reveal the identity of each patient, |
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practitioner, or other person who is a subject of the information |
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has been removed; or |
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(4) inclusion in a patient's medical records as part of |
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the patient's medical history. |
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(e) The director shall remove from the information |
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retrieval system, destroy, and make irretrievable the record of the |
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identity of a patient submitted under this section to the director |
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not later than the end of the 36th [12th] calendar month after the |
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month in which the identity is entered into the system. However, |
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the director may retain a patient identity that is necessary for use |
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in a specific ongoing investigation conducted in accordance with |
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this section until the 30th day after the end of the month in which |
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the necessity for retention of the identity ends. |
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SECTION 4. Subsection (a), Section 481.127, Health and |
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Safety Code, is amended to read as follows: |
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(a) A person commits an offense if the person knowingly |
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gives, permits, or obtains unauthorized access to information |
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submitted to the director under Section 481.074(q) or 481.075. |
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SECTION 5. Chapter 481, Health and Safety Code, is amended |
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by adding Subchapter I to read as follows: |
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SUBCHAPTER I. INTERAGENCY PRESCRIPTION MONITORING WORK GROUP |
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Sec. 481.351. INTERAGENCY PRESCRIPTION MONITORING WORK |
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GROUP. The interagency prescription monitoring work group is |
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created to evaluate the effectiveness of prescription monitoring |
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under this chapter and offer recommendations to improve the |
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effectiveness and efficiency of recordkeeping and other functions |
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related to the regulation of dispensing controlled substances by |
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prescription. |
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Sec. 481.352. MEMBERS. The work group is composed of: |
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(1) the director or the director's designee; |
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(2) the commissioner of state health services or the |
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commissioner's designee; |
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(3) the executive director of the Texas State Board of |
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Pharmacy or the executive director's designee; and |
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(4) the executive director of the Texas Medical Board |
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or the executive director's designee. |
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Sec. 481.353. MEETINGS. (a) The work group shall meet at |
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least quarterly. |
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(b) The work group is subject to Chapter 551, Government |
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Code. |
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(c) The work group shall proactively engage stakeholders |
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and solicit and take into account input from the public. |
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Sec. 481.354. REPORT. Not later than December 1 of each |
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even-numbered year, the work group shall submit to the legislature |
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its recommendations relating to prescription monitoring. |
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SECTION 6. This Act takes effect September 1, 2013. |
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