84R29074 JSC-D
 
  By: Schwertner S.B. No. 195
 
  (Crownover)
 
  Substitute the following for S.B. No. 195:  No.
 
 
 
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.