|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to prescriptions for certain controlled substances, |
|
access to information about those prescriptions, and the duties of |
|
prescribers and other entities registered with the Federal Drug |
|
Enforcement Administration; authorizing fees. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 552.118, Government Code, is amended to |
|
read as follows: |
|
Sec. 552.118. EXCEPTION: CONFIDENTIALITY OF OFFICIAL |
|
PRESCRIPTION PROGRAM INFORMATION. Information is excepted from the |
|
requirements of Section 552.021 if it is: |
|
(1) information on or derived from an official |
|
prescription form or electronic prescription record filed with the |
|
Texas State Board of Pharmacy [director of the Department of Public
|
|
Safety] under Section 481.075, Health and Safety Code; or |
|
(2) other information collected under Section 481.075 |
|
of that code. |
|
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. |
|
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. |
|
SECTION 4. The heading to Section 481.061, Health and |
|
Safety Code, is amended to read as follows: |
|
Sec. 481.061. FEDERAL REGISTRATION REQUIRED. |
|
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. |
|
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. |
|
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. |
|
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 to read as follows: |
|
(a) Only a practitioner defined by Section 481.002(39)(A) |
|
and an agent designated in writing by the practitioner in |
|
accordance with rules adopted by the board [department] may |
|
communicate a prescription by telephone. A pharmacy that receives |
|
a telephonically communicated prescription shall promptly write |
|
the prescription and file and retain the prescription in the manner |
|
required by this subchapter. A practitioner who designates an |
|
agent to communicate prescriptions shall maintain the written |
|
designation of the agent in the practitioner's usual place of |
|
business and shall make the designation available for inspection by |
|
investigators for the Texas Medical Board, the State Board of |
|
Dental Examiners, the State Board of Veterinary Medical Examiners, |
|
the board, and the department. A practitioner who designates a |
|
different agent shall designate that agent in writing and maintain |
|
the designation in the same manner in which the practitioner |
|
initially designated an agent under this section. |
|
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. |
|
SECTION 10. Sections 481.075(c), (g), (i), (k), and (m), |
|
Health and Safety Code, are amended to read as follows: |
|
(c) The board [director] shall issue official prescription |
|
forms to practitioners for a fee covering the actual cost of |
|
printing, processing, and mailing the forms [at 100 a package]. |
|
Before mailing or otherwise delivering prescription forms to a |
|
practitioner, the board [director] shall print on each form the |
|
number of the form and any other information the board [director] |
|
determines is necessary. |
|
(g) Except for an oral prescription prescribed under |
|
Section 481.074(b), the prescribing practitioner shall: |
|
(1) legibly fill in, or direct a designated agent to |
|
legibly fill in, on the official prescription form or in the |
|
electronic prescription, each item of information required to be |
|
provided by the prescribing practitioner under Subsection (e)(1), |
|
unless the practitioner determines that: |
|
(A) under rule adopted by the board [director] |
|
for this purpose, it is unnecessary for the practitioner or the |
|
practitioner's agent to provide the patient identification number; |
|
or |
|
(B) it is not in the best interest of the patient |
|
for the practitioner or practitioner's agent to provide information |
|
regarding the intended use of the controlled substance or the |
|
diagnosis for which it is prescribed; and |
|
(2) sign the official prescription form and give the |
|
form to the person authorized to receive the prescription or, in the |
|
case of an electronic prescription, electronically sign or validate |
|
the electronic prescription as authorized by federal law and |
|
transmit the prescription to the dispensing pharmacy. |
|
(i) Each dispensing pharmacist shall: |
|
(1) fill in on the official prescription form or note |
|
in the electronic prescription record each item of information |
|
given orally to the dispensing pharmacy under Subsection (h) and |
|
the date the prescription is filled, and: |
|
(A) for a written prescription, fill in the |
|
dispensing pharmacist's signature; or |
|
(B) for an electronic prescription, |
|
appropriately record the identity of the dispensing pharmacist in |
|
the electronic prescription record; |
|
(2) retain with the records of the pharmacy for at |
|
least two years: |
|
(A) the official prescription form or the |
|
electronic prescription record, as applicable; and |
|
(B) the name or other patient identification |
|
required by Section 481.074(m) or (n); and |
|
(3) send all required information [required by the
|
|
director], including any information required to complete an |
|
official prescription form or electronic prescription record, 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. |
|
(k) Not later than the 30th day after the date a |
|
practitioner's [department registration number,] Federal Drug |
|
Enforcement Administration number[,] or license to practice has |
|
been denied, suspended, canceled, surrendered, or revoked, the |
|
practitioner shall return to the board [department] all official |
|
prescription forms in the practitioner's possession that have not |
|
been used for prescriptions. |
|
(m) A pharmacy in this state may fill a prescription for a |
|
controlled substance listed in Schedule II issued by a practitioner |
|
in another state if: |
|
(1) a share of the pharmacy's business involves the |
|
dispensing and delivery or mailing of controlled substances; |
|
(2) the prescription is issued by a prescribing |
|
practitioner in the other state in the ordinary course of practice; |
|
and |
|
(3) the prescription is filled in compliance with a |
|
written plan providing the manner in which the pharmacy may fill a |
|
Schedule II prescription issued by a practitioner in another state |
|
that: |
|
(A) is submitted by the pharmacy to the board |
|
[director]; and |
|
(B) is approved by the board [director in
|
|
consultation with the Texas State Board of Pharmacy]. |
|
SECTION 11. The heading to Section 481.076, Health and |
|
Safety Code, is amended to read as follows: |
|
Sec. 481.076. OFFICIAL PRESCRIPTION INFORMATION; DUTIES OF |
|
TEXAS STATE BOARD OF PHARMACY. |
|
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). |
|
SECTION 13. Section 481.0761, Health and Safety Code, is |
|
amended by amending Subsections (a), (c), (d), (e), and (f) and |
|
adding Subsection (g) to read as follows: |
|
(a) The board [director] shall [consult with the Texas State
|
|
Board of Pharmacy and] by rule establish and revise as necessary a |
|
standardized database format that may be used by a pharmacy to |
|
transmit the information required by Sections 481.074(q) and |
|
481.075(i) to the board [director] electronically or to deliver the |
|
information on storage media, including disks, tapes, and |
|
cassettes. |
|
(c) The board [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, including any |
|
necessary modifications for participation in a database described |
|
by Section 481.076(j); |
|
(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. |
|
(d) The board [director] by rule shall authorize a |
|
practitioner to determine whether it is necessary to obtain a |
|
particular patient identification number and to provide that number |
|
on the official prescription form or in the electronic prescription |
|
record. |
|
(e) In adopting a rule relating to the electronic transfer |
|
of information under this subchapter, the board [director] shall |
|
consider the economic impact of the rule on practitioners and |
|
pharmacists and, to the extent permitted by law, act to minimize any |
|
negative economic impact, including the imposition of costs related |
|
to computer hardware or software or to the transfer of information. |
|
[The director may not adopt a rule relating to the electronic
|
|
transfer of information under this subchapter that imposes a fee in
|
|
addition to the fees authorized by Section 481.064.] |
|
(f) The board [director] may authorize a contract between |
|
the board [department] and another agency of this state or a private |
|
vendor as necessary to ensure the effective operation of the |
|
official prescription program. |
|
(g) The board may adopt rules providing for a person |
|
authorized to access information under Section 481.076(a)(5) to be |
|
enrolled in electronic access to the information described by |
|
Section 481.076(a) at the time the person obtains or renews the |
|
person's applicable professional or occupational license or |
|
registration. |
|
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]. |
|
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]. |
|
SECTION 16. Section 481.124(b), Health and Safety Code, is |
|
amended to read as follows: |
|
(b) For purposes of this section, an intent to unlawfully |
|
manufacture the controlled substance methamphetamine is presumed |
|
if the actor possesses or transports: |
|
(1) anhydrous ammonia in a container or receptacle |
|
that is not designed and manufactured to lawfully hold or transport |
|
anhydrous ammonia; |
|
(2) lithium metal removed from a battery and immersed |
|
in kerosene, mineral spirits, or similar liquid that prevents or |
|
retards hydration; or |
|
(3) in one container, vehicle, or building, |
|
phenylacetic acid, or more than nine grams, three containers |
|
packaged for retail sale, or 300 tablets or capsules of a product |
|
containing ephedrine or pseudoephedrine, and: |
|
(A) anhydrous ammonia; |
|
(B) at least three of the following categories of |
|
substances commonly used in the manufacture of methamphetamine: |
|
(i) lithium or sodium metal or red |
|
phosphorus, iodine, or iodine crystals; |
|
(ii) lye, sulfuric acid, hydrochloric acid, |
|
or muriatic acid; |
|
(iii) an organic solvent, including ethyl |
|
ether, alcohol, or acetone; |
|
(iv) a petroleum distillate, including |
|
naphtha, paint thinner, or charcoal lighter fluid; or |
|
(v) aquarium, rock, or table salt; or |
|
(C) at least three of the following items: |
|
(i) an item of equipment subject to |
|
regulation under Section 481.080, if the person is not a registrant |
|
[registered under Section 481.063]; or |
|
(ii) glassware, a plastic or metal |
|
container, tubing, a hose, or other item specially designed, |
|
assembled, or adapted for use in the manufacture, processing, |
|
analyzing, storing, or concealing of methamphetamine. |
|
SECTION 17. Section 481.127(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) A person commits an offense if the person knowingly |
|
gives, permits, or obtains unauthorized access to information |
|
submitted to the board [director] under Section 481.074(q) or |
|
481.075. |
|
SECTION 18. Sections 481.128(a) and (b), Health and Safety |
|
Code, are amended to read as follows: |
|
(a) A registrant or dispenser commits an offense if the |
|
registrant or dispenser knowingly: |
|
(1) distributes, delivers, administers, or dispenses |
|
a controlled substance in violation of Sections 481.070-481.075; |
|
(2) manufactures a controlled substance not |
|
authorized by the person's Federal Drug Enforcement Administration |
|
registration or distributes or dispenses a controlled substance not |
|
authorized by the person's registration to another registrant or |
|
other person; |
|
(3) refuses or fails to make, keep, or furnish a |
|
record, report, notification, order form, statement, invoice, or |
|
information required by this chapter; |
|
(4) prints, manufactures, possesses, or produces an |
|
official prescription form without the approval of the board |
|
[director]; |
|
(5) delivers or possesses a counterfeit official |
|
prescription form; |
|
(6) refuses an entry into a premise for an inspection |
|
authorized by this chapter; |
|
(7) refuses or fails to return an official |
|
prescription form as required by Section 481.075(k); |
|
(8) refuses or fails to make, keep, or furnish a |
|
record, report, notification, order form, statement, invoice, or |
|
information required by a rule adopted by the director or the board; |
|
or |
|
(9) refuses or fails to maintain security required by |
|
this chapter or a rule adopted under this chapter. |
|
(b) If the registrant or dispenser knowingly refuses or |
|
fails to make, keep, or furnish a record, report, notification, |
|
order form, statement, invoice, or information or maintain security |
|
required by a rule adopted by the director or the board, the |
|
registrant or dispenser is liable to the state for a civil penalty |
|
of not more than $5,000 for each act. |
|
SECTION 19. Section 481.129(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) A person commits an offense if the person knowingly: |
|
(1) distributes as a registrant or dispenser a |
|
controlled substance listed in Schedule I or II, unless the person |
|
distributes the controlled substance as authorized under the |
|
federal Controlled Substances Act (21 U.S.C. Section 801 et seq.) |
|
[an order form as required by Section 481.069]; |
|
(2) uses in the course of manufacturing, prescribing, |
|
or distributing a controlled substance a Federal Drug Enforcement |
|
Administration registration number that is fictitious, revoked, |
|
suspended, or issued to another person; |
|
(3) issues a prescription bearing a forged or |
|
fictitious signature; |
|
(4) uses a prescription issued to another person to |
|
prescribe a Schedule II controlled substance; |
|
(5) possesses, obtains, or attempts to possess or |
|
obtain a controlled substance or an increased quantity of a |
|
controlled substance: |
|
(A) by misrepresentation, fraud, forgery, |
|
deception, or subterfuge; |
|
(B) through use of a fraudulent prescription |
|
form; or |
|
(C) through use of a fraudulent oral or |
|
telephonically communicated prescription; or |
|
(6) furnishes false or fraudulent material |
|
information in or omits material information from an application, |
|
report, record, or other document required to be kept or filed under |
|
this chapter. |
|
SECTION 20. Section 481.159(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) If a district court orders the forfeiture of a |
|
controlled substance property or plant under Chapter 59, Code of |
|
Criminal Procedure, or under this code, the court shall also order a |
|
law enforcement agency to: |
|
(1) retain the property or plant for its official |
|
purposes, including use in the investigation of offenses under this |
|
code; |
|
(2) deliver the property or plant to a government |
|
agency for official purposes; |
|
(3) deliver the property or plant to a person |
|
authorized by the court to receive it; |
|
(4) deliver the property or plant to a person |
|
authorized by the director to receive it [for a purpose described by
|
|
Section 481.065(a)]; or |
|
(5) destroy the property or plant that is not |
|
otherwise disposed of in the manner prescribed by this subchapter. |
|
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. |
|
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. |
|
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. |
|
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. |
|
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. |
|
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. |
|
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. |
|
(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. |
|
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. |
|
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. |