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SENATE ENGROSSED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section 552.118,
Government Code, is amended.
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SECTION 1. Same as engrossed
version.
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SECTION 2. Section 481.002,
Health and Safety Code, as amended by S.B. No. 219, Acts of the 84th
Legislature, Regular Session, 2015, is amended by amending Subdivisions (4)
and (45) and adding Subdivision (56) to read as follows:
(4) "Controlled
premises" means:
(A) a place where original
or other records or documents required under this chapter are kept or are required
to be kept; or
(B) a place, including a
factory, warehouse, other establishment, or conveyance, where a person
registered under this chapter may lawfully hold, manufacture, distribute,
dispense, administer, possess, or otherwise dispose of a controlled
substance or other item governed by the federal Controlled Substances
Act (21 U.S.C. Section 801 et seq.) [this
chapter], including a chemical precursor and a chemical
laboratory apparatus.
(45) "Registrant"
means a person who has a current Federal Drug Enforcement Administration
registration number [is registered under Section 481.063].
(56) "Board"
means the Texas State Board of Pharmacy.
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SECTION 2. Section 481.002,
Health and Safety Code, is amended by amending Subdivisions (4) and (45)
and adding Subdivision (55) to read as follows:
(4) "Controlled
premises" means:
(A) a place where original
or other records or documents required under this chapter are kept or are
required to be kept; or
(B) a place, including a
factory, warehouse, other establishment, or conveyance, where a person
registered under this chapter may lawfully hold, manufacture, distribute,
dispense, administer, possess, or otherwise dispose of a controlled
substance or other item governed by the federal Controlled Substances
Act (21 U.S.C. Section 801 et seq.) or this chapter, including a chemical
precursor and a chemical laboratory apparatus.
(45) "Registrant"
means a person who has a current Federal Drug Enforcement Administration
registration number [is registered under Section 481.063].
(55) "Board"
means the Texas State Board of Pharmacy.
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SECTION 3. Section
481.003(a), Health and Safety Code, is amended to read as follows:
(a) The director may adopt
rules to administer and enforce this chapter, other than Sections 481.075,
481.076, and 481.0761. The board may adopt rules to administer Sections
481.075, 481.076, and 481.0761.
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SECTION 3. Section
481.003(a), Health and Safety Code, is amended to read as follows:
(a) The director may adopt
rules to administer and enforce this chapter, other than Sections 481.073, 481.074, 481.075, 481.076, and
481.0761. The board may adopt rules to administer Sections 481.073, 481.074, 481.075, 481.076, and
481.0761.
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SECTION 4. The heading to
Section 481.061, Health and Safety Code, is amended.
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SECTION 4. Same as engrossed
version.
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SECTION 5. Sections
481.061(a) and (b), Health and Safety Code, are amended to read as follows:
(a) Except as otherwise
provided by this chapter, a person who is not registered with the
Federal Drug Enforcement Administration [a registrant] may not
manufacture, distribute, prescribe, possess, analyze, or dispense a
controlled substance in this state.
(b) A person who is
registered with [by] the Federal Drug Enforcement
Administration [director] to manufacture, distribute, analyze,
dispense, or conduct research with a controlled substance may possess,
manufacture, distribute, analyze, dispense, or conduct research with that
substance to the extent authorized by the person's registration and in conformity
with this chapter.
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SECTION 5. Sections
481.061(a) and (b), Health and Safety Code, are amended to read as follows:
(a) Except as otherwise
provided by this chapter, a person who is not registered with or exempt from registration with the
Federal Drug Enforcement Administration [a registrant] may not
manufacture, distribute, prescribe, possess, analyze, or dispense a
controlled substance in this state.
(b) A person who is
registered with [by] the Federal Drug Enforcement
Administration [director] to manufacture, distribute, analyze,
dispense, or conduct research with a controlled substance may possess,
manufacture, distribute, analyze, dispense, or conduct research with that
substance to the extent authorized by the person's registration and in conformity
with this chapter.
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No
equivalent provision.
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SECTION 6. Section
481.062(a), Health and Safety Code, as amended by S.B. No. 219, Acts of the
84th Legislature, Regular Session, 2015, is amended to read as follows:
(a) The following persons [are
not required to register and] may possess a controlled substance under
this chapter:
(1) an agent or employee of
a [registered] manufacturer, distributor, analyzer, or dispenser of
the controlled substance who is registered with the Federal Drug
Enforcement Administration and acting in the usual course of business
or employment;
(2) a common or contract
carrier, a warehouseman, or an employee of a carrier or warehouseman whose
possession of the controlled substance is in the usual course of business
or employment;
(3) an ultimate user or a
person in possession of the controlled substance under a lawful order of a
practitioner or in lawful possession of the controlled substance if it is
listed in Schedule V;
(4) an officer or employee
of this state, another state, a political subdivision of this state or
another state, or the United States who is lawfully engaged in the
enforcement of a law relating to a controlled substance or drug or to a
customs law and authorized to possess the controlled substance in the
discharge of the person's official duties; or
(5) if the substance is
tetrahydrocannabinol or one of its derivatives:
(A) a Department of State
Health Services official, a medical school researcher, or a research
program participant possessing the substance as authorized under Subchapter
G; or
(B) a practitioner or an
ultimate user possessing the substance as a participant in a federally
approved therapeutic research program that the commissioner has reviewed
and found, in writing, to contain a medically responsible research
protocol.
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SECTION 6. Section
481.067(a), Health and Safety Code, is amended to read as follows:
(a) A person who is
registered with the Federal Drug Enforcement Administration to
manufacture, distribute, analyze, or dispense a controlled substance shall
keep records and maintain inventories in compliance with recordkeeping and
inventory requirements of federal law and with additional rules the board
[director] adopts.
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SECTION 7. Section
481.067(a), Health and Safety Code, is amended to read as follows:
(a) A person who is
registered with the Federal Drug Enforcement Administration to
manufacture, distribute, analyze, or dispense a controlled substance shall
keep records and maintain inventories in compliance with recordkeeping and
inventory requirements of federal law and with additional rules the board
or
director adopts.
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SECTION 7. Section 481.068,
Health and Safety Code, as amended by S.B. No. 219, Acts of the 84th
Legislature, Regular Session, 2015, is amended to read as follows:
Sec. 481.068.
CONFIDENTIALITY. (a) The board [director] may authorize a
person engaged in research on the use and effects of a controlled substance
to withhold the names and other identifying characteristics of individuals
who are the subjects of the research. A person who obtains the
authorization may not be compelled in a civil, criminal, administrative,
legislative, or other proceeding to identify the individuals who are the
subjects of the research for which the authorization is obtained.
(b) Except as provided by
Sections 481.074 and 481.075, a practitioner engaged in authorized medical
practice or research may not be required to furnish the name or identity of
a patient or research subject to the board [department], the
Department of State Health Services, or any other agency, public official,
or law enforcement officer. A practitioner may not be compelled in a state
or local civil, criminal, administrative, legislative, or other proceeding
to furnish the name or identity of an individual that the practitioner is
obligated to keep confidential.
(c) The board [director]
may not provide to a federal, state, or local law enforcement agency the
name or identity of a patient or research subject whose identity could not
be obtained under Subsection (b).
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No
equivalent provision.
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SECTION 8. Section
481.073(a), Health and Safety Code, as amended by S.B. No. 219, Acts of the
84th Legislature, Regular Session, 2015, is amended.
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SECTION 8. Same as engrossed
version.
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SECTION 9. Sections 481.074(b),
(c), (d), (p), and (q), Health and Safety Code, are amended to read as
follows:
(b) Except in an emergency
as defined by rule of the board [director] or as provided by
Subsection (o) or Section 481.075(j) or (m), a person may not dispense or
administer a controlled substance listed in Schedule II without a written
prescription of a practitioner on an official prescription form or without
an electronic prescription that meets the requirements of and is completed
by the practitioner in accordance with Section 481.075. In an emergency, a
person may dispense or administer a controlled substance listed in Schedule
II on the oral or telephonically communicated prescription of a
practitioner. The person who administers or dispenses the substance shall:
(1) if the person is a
prescribing practitioner or a pharmacist, promptly comply with Subsection
(c); or
(2) if the person is not a
prescribing practitioner or a pharmacist, promptly write the oral or
telephonically communicated prescription and include in the written record
of the prescription the name, address, and Federal Drug Enforcement
Administration number issued for prescribing a controlled substance in this
state of the prescribing practitioner, all information required to be
provided by a practitioner under Section 481.075(e)(1), and all information
required to be provided by a dispensing pharmacist under Section
481.075(e)(2).
(c) Not later than the
seventh day after the date a prescribing practitioner authorizes an
emergency oral or telephonically communicated prescription, the prescribing
practitioner shall cause a written or electronic prescription, completed in
the manner required by Section 481.075, to be delivered to the dispensing
pharmacist at the pharmacy where the prescription was dispensed. A written
prescription may be delivered in person or by mail. The envelope of a
prescription delivered by mail must be postmarked not later than the
seventh day after the date the prescription was authorized. On receipt of
a written prescription, the dispensing pharmacy shall file the
transcription of the telephonically communicated prescription and the
pharmacy copy and shall send information to the board [director]
as required by Section 481.075. On receipt of an electronic prescription,
the pharmacist shall annotate the electronic prescription record with the
original authorization and date of the emergency oral or telephonically
communicated prescription.
(d) Except as specified in
Subsections (e) and (f), the board [director], by rule and in
consultation with the Texas Medical Board and
the department [Texas State Board of Pharmacy], shall
establish the period after the date on which the prescription is issued
that a person may fill a prescription for a controlled substance listed in
Schedule II. A person may not refill a prescription for a substance listed
in Schedule II.
(p) On receipt of the
prescription, the dispensing pharmacy shall file the facsimile copy of the
prescription and shall send information to the board [director]
as required by Section 481.075.
(q) Each dispensing
pharmacist shall send all required information [required by the
director], including any information required to complete the Schedule
III through V prescription forms, to the board [director] by
electronic transfer or another form approved by the board [director]
not later than the seventh day after the date the prescription is
completely filled.
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SECTION 9. Sections
481.074(b), (c), (d), (p), and (q), Health and Safety Code, are amended to
read as follows:
(b) Except in an emergency
as defined by rule of the board [director] or as provided by
Subsection (o) or Section 481.075(j) or (m), a person may not dispense or
administer a controlled substance listed in Schedule II without a written
prescription of a practitioner on an official prescription form or without
an electronic prescription that meets the requirements of and is completed
by the practitioner in accordance with Section 481.075. In an emergency, a
person may dispense or administer a controlled substance listed in Schedule
II on the oral or telephonically communicated prescription of a
practitioner. The person who administers or dispenses the substance shall:
(1) if the person is a
prescribing practitioner or a pharmacist, promptly comply with Subsection (c);
or
(2) if the person is not a
prescribing practitioner or a pharmacist, promptly write the oral or
telephonically communicated prescription and include in the written record
of the prescription the name, address, and Federal Drug Enforcement
Administration number issued for prescribing a controlled substance in this
state of the prescribing practitioner, all information required to be
provided by a practitioner under Section 481.075(e)(1), and all information
required to be provided by a dispensing pharmacist under Section
481.075(e)(2).
(c) Not later than the
seventh day after the date a prescribing practitioner authorizes an
emergency oral or telephonically communicated prescription, the prescribing
practitioner shall cause a written or electronic prescription, completed in
the manner required by Section 481.075, to be delivered to the dispensing
pharmacist at the pharmacy where the prescription was dispensed. A written
prescription may be delivered in person or by mail. The envelope of a
prescription delivered by mail must be postmarked not later than the
seventh day after the date the prescription was authorized. On receipt of
a written prescription, the dispensing pharmacy shall file the
transcription of the telephonically communicated prescription and the
pharmacy copy and shall send information to the board [director]
as required by Section 481.075. On receipt of an electronic prescription,
the pharmacist shall annotate the electronic prescription record with the
original authorization and date of the emergency oral or telephonically
communicated prescription.
(d) Except as specified in
Subsections (e) and (f), the board [director], by rule and in
consultation with the Texas Medical Board [and the Texas State Board of
Pharmacy], shall establish the period after the date on which the
prescription is issued that a person may fill a prescription for a
controlled substance listed in Schedule II. A person may not refill a
prescription for a substance listed in Schedule II.
(p) On receipt of the prescription,
the dispensing pharmacy shall file the facsimile copy of the prescription
and shall send information to the board [director] as
required by Section 481.075.
(q) Each dispensing
pharmacist shall send all required information [required by the
director], including any information required to complete the Schedule
III through V prescription forms, to the board [director] by
electronic transfer or another form approved by the board [director]
not later than the seventh day after the date the prescription is
completely filled.
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SECTION 10. Sections
481.075(c), (g), (i), (k), and (m), Health and Safety Code, are amended.
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SECTION 10. Same as engrossed
version.
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SECTION 11. The heading to
Section 481.076, Health and Safety Code, is amended.
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SECTION 11. Same as engrossed
version.
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SECTION 12. Section 481.076,
Health and Safety Code, is amended by amending Subsections (a), (a-1),
(a-2), (b), (c), (d), (e), (g), and (i) and adding Subsections (a-3),
(a-4), (a-5), (j), and (k) to read as follows:
(a) The board [director]
may not permit any person to have access to information submitted to the board
[director] under Section 481.074(q) or 481.075 except:
(1) an investigator for the
board, the Texas Medical Board, the Texas State Board of Podiatric Medical
Examiners, the State Board of Dental Examiners, the State Board of
Veterinary Medical Examiners, the Texas Board of Nursing, or the Texas Optometry
[State] Board [of Pharmacy];
(2) an authorized officer or
member of the department or authorized employee of the board engaged
in the administration, investigation, or enforcement of this chapter or
another law governing illicit drugs in this state or another state; [or]
(3) the department on
behalf of [if the director finds that proper need has been shown to
the director:
[(A)] a law
enforcement or prosecutorial official engaged in the administration,
investigation, or enforcement of this chapter or another law governing
illicit drugs in this state or another state;
(4) a medical examiner
conducting an investigation;
(5) [(B)] a
pharmacist or a pharmacy technician, as defined by Section 551.003,
Occupations Code, acting at the direction of a pharmacist or a practitioner
who is a physician, dentist, veterinarian, podiatrist, optometrist,
or advanced practice nurse or is a physician assistant described by Section
481.002(39)(D) or an employee or other agent of a practitioner [a
nurse licensed under Chapter 301, Occupations Code,] acting at the
direction of a practitioner and is inquiring about a recent Schedule II,
III, IV, or V prescription history of a particular patient of the
practitioner, provided that the person accessing the information is
authorized to do so under the Health Insurance Portability and
Accountability Act of 1996 (Pub. L. No. 104-191) and rules adopted under
that Act; [or]
(6) [(C)] a
pharmacist or practitioner who is inquiring about the person's own
dispensing or prescribing activity; or
(7) one or more states or
an association of states with which the board has an interoperability agreement,
as provided by Subsection (j).
(a-1) A person authorized to
receive information under Subsection (a)(4), (5), [(a)(3)(B)]
or (6) [(C)] may access that information through a health
information exchange, subject to proper security measures to ensure against
disclosure to unauthorized persons.
(a-2) A person authorized to
receive information under Subsection (a)(5) [(a)(3)(B)] may
include that information in any form in the medical or pharmacy record of
the patient who is the subject of the information. Any information
included in a patient's medical or pharmacy record under this subsection is
subject to any applicable state or federal confidentiality or privacy laws.
(a-3) The board shall
ensure that the department has unrestricted access at all times to
information received by the board under
this section.
(a-4) A law enforcement
or prosecutorial official described by Subsection (a)(3) may obtain
information received by the board under this section only if the official
submits a request to the department. The
department shall review and process each request under this subsection.
If the department shows that the
official has shown proper need for the information, the department shall access the information on behalf of the official
and submit the relevant information to the official.
(a-5) Records relating to
the access of information by the department or by the department on behalf
of a law enforcement agency are confidential, including any information
concerning the identities of the investigating agents or agencies. The
board may not track or monitor the department's access to information.
(b) This section does not
prohibit the board [director] from creating, using, or
disclosing statistical data about information received
by the board [director] under this section if the board
[director] removes any information reasonably likely to reveal the
identity of each patient, practitioner, or other person who is a subject of
the information.
(c) The board [director]
by rule shall design and implement a system for submission of information
to the board [director] by electronic or other means and for
retrieval of information submitted to the board [director]
under this section and Sections 481.074 and 481.075. The board [director]
shall use automated information security techniques and devices to preclude
improper access to the information. The board [director]
shall submit the system design to the director [Texas State Board
of Pharmacy] and the Texas Medical Board for review and [approval or]
comment a reasonable time before implementation of the system and shall
comply with the comments of those agencies unless it is unreasonable to do
so.
(d) Information submitted to
the board [director] under this section may be used only for:
(1) the administration,
investigation, or enforcement of this chapter or another law governing
illicit drugs in this state or another state;
(2) investigatory or
evidentiary purposes in connection with the functions of an agency listed
in Subsection (a)(1); or
(3) dissemination by the board
[director] to the public in the form of a statistical tabulation or
report if all information reasonably likely to reveal the identity of each
patient, practitioner, or other person who is a subject of the information
has been removed.
(e) The board [director]
shall remove from the information retrieval system, destroy, and make
irretrievable the record of the identity of a patient submitted under this
section to the board [director] not later than the end of the
36th calendar month after the month in which the identity is entered into
the system. However, the board [director] may retain a
patient identity that is necessary for use in a specific ongoing
investigation conducted in accordance with this section until the 30th day after
the end of the month in which the necessity for retention of the identity
ends.
(g) If the director permits
access to information under Subsection (a)(3) [(a)(3)(A)]
relating to a person licensed or regulated by an agency listed in
Subsection (a)(1), the director shall notify that agency of the disclosure
of the information not later than the 10th working day after the date the
information is disclosed.
(i) Information submitted to
the board [director] under Section 481.074(q) or 481.075 is
confidential and remains confidential regardless of whether the board
[director] permits access to the information under this section.
(j) The board may enter
into an interoperability agreement with one or more states or an
association of states authorizing the board to access prescription
monitoring information maintained or collected by the other state or states
or the association, including information maintained on a central database
such as the National Association of Boards of Pharmacy Prescription Monitoring
Program InterConnect. Pursuant to an interoperability agreement, the board
may authorize the prescription monitoring program of one or more states or
an association of states to access information submitted to the board under
Sections 481.074(q) and 481.075, including by submitting or sharing
information through a central database such as the National Association of
Boards of Pharmacy Prescription Monitoring Program InterConnect.
(k) A person authorized
to access information under Subsection (a)(4) who is registered with the
board for electronic access to the information is entitled to directly
access the information available from other states pursuant to an
interoperability agreement described by Subsection (j).
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SECTION 12. Section 481.076,
Health and Safety Code, is amended by amending Subsections (a), (a-1),
(a-2), (b), (c), (d), (e), (g), and (i) and adding Subsections (a-3),
(a-4), (a-5), (j), and (k) to read as follows:
(a) The board [director]
may not permit any person to have access to information submitted to the board
[director] under Section 481.074(q) or 481.075 except:
(1) an investigator for the
board, the Texas Medical Board, the Texas State Board of Podiatric
Medical Examiners, the State Board of Dental Examiners, the State Board of
Veterinary Medical Examiners, the Texas Board of Nursing, or the Texas Optometry
[State] Board [of Pharmacy];
(2) an authorized officer or
member of the department or authorized employee of the board engaged
in the administration, investigation, or enforcement of this chapter or
another law governing illicit drugs in this state or another state; [or]
(3) the department on
behalf of [if the director finds that proper need has been shown to
the director:
[(A)] a law
enforcement or prosecutorial official engaged in the administration,
investigation, or enforcement of this chapter or another law governing
illicit drugs in this state or another state;
(4) a medical examiner
conducting an investigation;
(5) [(B)] a
pharmacist or a pharmacy technician, as defined by Section 551.003,
Occupations Code, acting at the direction of a pharmacist or a practitioner
who is a physician, dentist, veterinarian, podiatrist, optometrist,
or advanced practice nurse or is a physician assistant described by Section
481.002(39)(D) or an employee or other agent of a practitioner [a
nurse licensed under Chapter 301, Occupations Code,] acting at the
direction of a practitioner and is inquiring about a recent Schedule II,
III, IV, or V prescription history of a particular patient of the
practitioner, provided that the person accessing the information is
authorized to do so under the Health Insurance Portability and
Accountability Act of 1996 (Pub. L. No. 104-191) and rules adopted under
that Act; [or]
(6) [(C)] a
pharmacist or practitioner who is inquiring about the person's own
dispensing or prescribing activity; or
(7) one or more states or
an association of states with which the board has an interoperability
agreement, as provided by Subsection (j).
(a-1) A person authorized to
receive information under Subsection (a)(4), (5), [(a)(3)(B)]
or (6) [(C)] may access that information through a health
information exchange, subject to proper security measures to ensure against
disclosure to unauthorized persons.
(a-2) A person authorized to
receive information under Subsection (a)(5) [(a)(3)(B)] may
include that information in any form in the medical or pharmacy record of
the patient who is the subject of the information. Any information
included in a patient's medical or pharmacy record under this subsection is
subject to any applicable state or federal confidentiality or privacy laws.
(a-3) The board shall
ensure that the department has unrestricted access at all times to
information submitted to the board under
Sections 481.074(q) and 481.075. The
department's access to the information shall be provided through a secure
electronic portal under the exclusive control of the department. The
department shall pay all expenses associated with the electronic portal.
(a-4) A law enforcement or
prosecutorial official described by Subsection (a)(3) may obtain
information submitted to the board under Section 481.074(q) or 481.075 only
if the official submits a request to the department. If the department finds that the official has shown proper
need for the information, the department shall provide access to the relevant information.
(a-5) Records relating to
the access of information by the department or by the department on behalf
of a law enforcement agency are confidential, including any information
concerning the identities of the investigating agents or agencies. The
board may not track or monitor the department's access to information.
(b) This section does not
prohibit the board [director] from creating, using, or
disclosing statistical data about information submitted to [received
by] the board [director] under this section if the
board [director] removes any information reasonably likely to
reveal the identity of each patient, practitioner, or other person who is a
subject of the information.
(c) The board [director]
by rule shall design and implement a system for submission of information
to the board [director] by electronic or other means and for
retrieval of information submitted to the board [director]
under this section and Sections 481.074 and 481.075. The board [director]
shall use automated information security techniques and devices to preclude
improper access to the information. The board [director]
shall submit the system design to the director [Texas State Board
of Pharmacy] and the Texas Medical Board for review and [approval or]
comment a reasonable time before implementation of the system and shall
comply with the comments of those agencies unless it is unreasonable to do
so.
(d) Information submitted to
the board [director] under this section may be used only for:
(1) the administration,
investigation, or enforcement of this chapter or another law governing
illicit drugs in this state or another state;
(2) investigatory or
evidentiary purposes in connection with the functions of an agency listed
in Subsection (a)(1); or
(3) dissemination by the board
[director] to the public in the form of a statistical tabulation or
report if all information reasonably likely to reveal the identity of each
patient, practitioner, or other person who is a subject of the information
has been removed.
(e) The board [director]
shall remove from the information retrieval system, destroy, and make
irretrievable the record of the identity of a patient submitted under this
section to the board [director] not later than the end of the
36th calendar month after the month in which the identity is entered into
the system. However, the board [director] may retain a
patient identity that is necessary for use in a specific ongoing
investigation conducted in accordance with this section until the 30th day
after the end of the month in which the necessity for retention of the
identity ends.
(g) If the director permits
access to information under Subsection (a)(3) [(a)(3)(A)]
relating to a person licensed or regulated by an agency listed in
Subsection (a)(1), the director shall notify that agency of the disclosure
of the information not later than the 10th working day after the date the
information is disclosed.
(i) Information submitted to
the board [director] under Section 481.074(q) or 481.075 is
confidential and remains confidential regardless of whether the board
[director] permits access to the information under this section.
(j) The board may enter
into an interoperability agreement with one or more states or an
association of states authorizing the board to access prescription
monitoring information maintained or collected by the other state or states
or the association, including information maintained on a central database
such as the National Association of Boards of Pharmacy Prescription
Monitoring Program InterConnect. Pursuant to an interoperability
agreement, the board may authorize the prescription monitoring program of
one or more states or an association of states to access information
submitted to the board under Sections 481.074(q) and 481.075, including by
submitting or sharing information through a central database such as the
National Association of Boards of Pharmacy Prescription Monitoring Program
InterConnect.
(k) A person authorized
to access information under Subsection (a)(4) who is registered with the
board for electronic access to the information is entitled to directly
access the information available from other states pursuant to an
interoperability agreement described by Subsection (j).
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SECTION 13. Section
481.0761, Health and Safety Code, is amended.
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SECTION 13. Same as engrossed
version.
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SECTION 14. Section
481.077(c), Health and Safety Code, is amended to read as follows:
(c) This section and Section
481.078 do not apply to a person to whom a registration has been issued by
the Federal Drug Enforcement Administration [under Section 481.063].
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SECTION 14. Section
481.077(c), Health and Safety Code, is amended to read as follows:
(c) This section and Section
481.078 do not apply to a person to whom a registration has been issued by
the Federal Drug Enforcement Agency or who
is exempt from such registration [under Section 481.063].
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SECTION 15. Section
481.080(d), Health and Safety Code, is amended to read as follows:
(d) This section and Section
481.081 do not apply to a person to whom a registration has been issued by
the Federal Drug Enforcement Administration [under Section 481.063].
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SECTION 15. Section
481.080(d), Health and Safety Code, is amended to read as follows:
(d) This section and Section
481.081 do not apply to a person to whom a registration has been issued by
the Federal Drug Enforcement Agency or who
is exempt from such registration [under Section 481.063].
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SECTION 16. Section 481.124(b),
Health and Safety Code, is amended.
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SECTION 16. Same as engrossed
version.
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SECTION 17. Section
481.127(a), Health and Safety Code, is amended.
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SECTION 17. Same as engrossed
version.
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SECTION 18. Sections
481.128(a) and (b), Health and Safety Code, are amended.
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SECTION 18. Same as engrossed
version.
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SECTION 19. Section
481.129(a), Health and Safety Code, is amended.
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SECTION 19. Same as engrossed
version.
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SECTION 20. Section
481.159(a), Health and Safety Code, is amended.
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SECTION 20. Same as engrossed
version.
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SECTION 21. Section 481.301,
Health and Safety Code, is amended to read as follows:
Sec. 481.301. IMPOSITION OF
PENALTY. The department or the board,
as applicable, may impose an administrative penalty on a person
who violates Section 481.061, [481.066,]
481.067, [481.069,] 481.074,
481.075, 481.077, 481.0771, 481.078, 481.080, or 481.081 or a rule
or order adopted under any of those sections.
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SECTION 21. Section 481.301,
Health and Safety Code, is amended to read as follows:
Sec. 481.301. IMPOSITION OF
PENALTY. The department may impose an administrative penalty on a person
who violates Section [481.061,
481.066,] 481.067, [481.069, 481.074,
481.075,] 481.077,
481.0771, 481.078, 481.080, or 481.081 or a rule or order adopted under any
of those sections.
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SECTION 22. Section 481.352,
Health and Safety Code, is amended to read as follows:
Sec. 481.352. MEMBERS. The
work group is composed of:
(1) the executive
director of the board or the executive director's designee,
who serves as chair of the work group;
(2) the commissioner of
state health services or the commissioner's designee;
(3) [the executive
director of the Texas State Board of Pharmacy or the executive director's
designee;
[(4)] the executive
director of the Texas Medical Board or the executive director's designee;
(4) [(5)] the
executive director of the Texas Board of Nursing or the executive
director's designee; and
(5) [(6)] the
executive director of the Texas Physician Assistant Board or the executive
director's designee.
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SECTION 22. Section 481.352,
Health and Safety Code, is amended to read as follows:
Sec. 481.352. MEMBERS. The
work group is composed of:
(1) the executive
director of the board or the executive director's designee,
who serves as chair of the work group;
(2) the commissioner of
state health services or the commissioner's designee;
(3) [the executive
director of the Texas State Board of Pharmacy or the executive director's
designee;
[(4)] the executive
director of the Texas Medical Board or the executive director's designee;
(4) [(5)] the
executive director of the Texas Board of Nursing or the executive
director's designee; [and]
(5) [(6)] the
executive director of the Texas Physician Assistant Board or the executive
director's designee;
(6) the executive director of the Texas Board of Dental Examiners
or the executive director's designee;
(7) the executive director of the Texas Optometry Board or the
executive director's designee;
(8) the executive director of the Texas Board of Podiatric Medical
Examiners or the executive director's designee;
(9) the executive director of the Texas State Board of Veterinary
Medical Examiners or the executive director's designee; and
(10) a medical examiner appointed by the board.
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SECTION 23. Section 554.006,
Occupations Code, is amended to read as follows:
Sec. 554.006. FEES. (a)
The board by rule shall establish reasonable and necessary fees so that the
fees, in the aggregate, produce sufficient revenue to cover the cost of
administering this subtitle.
(b) The board by rule
shall establish reasonable and necessary fees so that the fees, in the
aggregate, produce sufficient revenue to cover the cost of establishing and
maintaining the program described by Sections 481.075, 481.076, and 481.0761,
Health and Safety Code.
(c) The board may assess
the fee described by Subsection (b) on individuals or entities authorized
to prescribe or dispense controlled substances under Chapter 481, Health
and Safety Code, and to access the program described by Sections 481.075,
481.076, and 481.0761, Health and Safety Code.
(d) Each agency that
licenses individuals or entities authorized to prescribe or dispense
controlled substances under Chapter 481, Health and Safety Code, and to
access the program described by Sections 481.075, 481.076, and 481.0761,
Health and Safety Code, shall increase the occupational license, permit, or
registration fee of the license holders or use available excess revenue in
an amount sufficient to operate that program as specified by the board.
(e) A fee collected by an
agency under Subsection (d) shall be transferred to the board for the
purpose of establishing and maintaining the program described by Sections
481.075, 481.076, and 481.0761, Health and Safety Code.
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SECTION 23. Section 554.006,
Occupations Code, is amended to read as follows:
Sec. 554.006. FEES. (a)
The board by rule shall establish reasonable and necessary fees so that the
fees, in the aggregate, produce sufficient revenue to cover the cost of
administering this subtitle.
(b) The board by rule
shall establish reasonable and necessary fees so that the fees, in the
aggregate, produce sufficient revenue to cover the cost of establishing and
maintaining the program described by Sections 481.075, 481.076, and 481.0761,
Health and Safety Code.
(c) The board may assess
the fee described by Subsection (b) on individuals or entities authorized
to prescribe or dispense controlled substances under Chapter 481, Health
and Safety Code, and to access the program described by Sections 481.075,
481.076, and 481.0761, Health and Safety Code.
(d) Each agency that
licenses individuals or entities authorized to prescribe or dispense
controlled substances under Chapter 481, Health and Safety Code, and to
access the program described by Sections 481.075, 481.076, and 481.0761,
Health and Safety Code, shall increase the occupational license, permit, or
registration fee of the license holders or use available excess revenue in
an amount sufficient to operate that program as specified by the board.
(e) A fee collected by an
agency under Subsection (d) shall be transferred to the board for the
purpose of establishing and maintaining the program described by Sections
481.075, 481.076, and 481.0761, Health and Safety Code.
(f) Grants received by the board to implement or operate the
program described by Sections 481.075, 481.076, and 481.0761, Health and
Safety Code, may be used by the board to offset or reduce the amount of
fees paid by each agency that licenses individuals or entities who are or
may be authorized to prescribe or dispense controlled substances under
Chapter 481, Health and Safety Code.
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SECTION 24. Section 554.051,
Occupations Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) The board may adopt
rules to administer Sections 481.075, 481.076, and 481.0761, Health and
Safety Code.
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SECTION 24. Section 554.051,
Occupations Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) The board may adopt
rules to administer Sections 481.073,
481.074, 481.075, 481.076, and 481.0761, Health and Safety Code.
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SECTION 25. The following
provisions are repealed:
(1) Sections 481.061(c) and
(d), 481.062(b), 481.063, 481.064, 481.0645, 481.065,
481.066, and 481.069, Health and Safety Code; and
(2) Section 156.0035,
Occupations Code.
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SECTION 25. The following
provisions are repealed:
(1) Sections 481.061(c) and
(d), 481.062(b), 481.063, 481.064, 481.0645, 481.066, and 481.069, Health
and Safety Code; and
(2) Section 156.0035,
Occupations Code.
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SECTION 26. (a) Notwithstanding any other provision of this
Act, Sections 481.003(a), 481.076(c), and 481.0761(e) and (f), Health and
Safety Code, as amended by this Act, and Section 481.0761(g), Health and
Safety Code, as added by this Act, apply beginning on the effective date of
this Act.
(b) The changes in law made
by this Act to Section 481.076, Health and Safety Code, other than the
changes made to Subsection (c) of that section, apply only to information
submitted or accessed on or after September 1, 2016.
(c) The Texas State Board of
Pharmacy may enter into an interoperability agreement described by Section
481.076(j), Health and Safety Code, as added by this Act, before September
1, 2016, but the agreement may not go into effect until on or after
September 1, 2016.
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SECTION 26.
(a) The changes in law made
by this Act to Section 481.076, Health and Safety Code, other than the
changes made to Subsection (c) of that section, apply only to information
submitted or accessed on or after September 1, 2016.
(b) The Texas State Board of
Pharmacy may enter into an interoperability agreement described by Section
481.076(j), Health and Safety Code, as added by this Act, before September
1, 2016, but the agreement may not go into effect until on or after
September 1, 2016.
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SECTION 27. (a) Not later
than September 1, 2016, the Department of Public Safety shall transfer all
appropriate records received by the department under Sections 481.074, 481.076, and 481.0761,
Health and Safety Code, regardless of whether the records were received
before, on, or after the effective date of this Act, to the Texas State
Board of Pharmacy.
(b) The Texas State Board of
Pharmacy shall adopt any rules required by Chapter 481, Health and Safety
Code, as amended by this Act, not later than March 1, 2016.
(c) A rule, form, policy,
procedure, or decision adopted under Chapter 481, Health and Safety Code,
as it existed before the effective date of this Act, continues in effect as
a rule, form, policy, procedure, or decision and remains in effect until
amended or replaced.
(d) A reference in law or an
administrative rule to the public safety director of the Department of
Public Safety relating to rulemaking authority given and duties transferred
to the Texas State Board of Pharmacy by this Act is a reference to the
Texas State Board of Pharmacy.
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SECTION 27. (a) Not later
than September 1, 2016, the Department of Public Safety shall transfer all
appropriate records received by the department under Sections 481.074(q) and 481.075, Health
and Safety Code, regardless of whether the records were received before,
on, or after the effective date of this Act, to the Texas State Board of
Pharmacy.
(See SECTION 29(b) below.)
(b) A rule, form, policy,
procedure, or decision adopted under Chapter 481, Health and Safety Code,
as it existed before the effective date of this Act, continues in effect as
a rule, form, policy, procedure, or decision and remains in effect until
amended or replaced.
(c) A reference in law or an
administrative rule to the public safety director of the Department of
Public Safety relating to rulemaking authority given and duties transferred
to the Texas State Board of Pharmacy by this Act is a reference to the
Texas State Board of Pharmacy.
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No
equivalent provision.
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SECTION 28. The Department
of Public Safety is responsible for the expenses of the initial
implementation and ongoing operation of the secure electronic portal
described by Section 481.076(a-3), Health and Safety Code, as added by this
Act.
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SECTION 28. 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, 2015.
(See SECTION 27(b) above.)
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SECTION 29. (a) Except as otherwise provided by this
section, this Act takes effect September 1, 2016.
(b) The Texas State Board of
Pharmacy shall adopt any rules required by Chapter 481, Health and Safety
Code, as amended by this Act, not later than March 1, 2016.
(c)
Sections 481.003(a), 481.076(c), 481.0761(a), (e), and (f), and 481.352,
Health and Safety Code, as amended by this Act, and Section 481.0761(g), Health
and Safety Code, as added by this Act, take effect immediately if this Act
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, these provisions take
effect September 1, 2015.
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