84R1549 JSC-D

By: Schwertner S.B. No. 195

A BILL TO BE ENTITLED

AN ACT

relating to information relating to prescriptions for certain controlled substances.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 481.074(c), (p), and (q), Health and Safety Code, are amended to read as follows:

(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 Texas State Board of Pharmacy [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.

(p) On receipt of the prescription, the dispensing pharmacy shall file the facsimile copy of the prescription and shall send information to the Texas State Board of Pharmacy [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 Texas State Board of Pharmacy [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 2. Section 481.075(i), Health and Safety Code, is amended to read as follows:

(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 Texas State Board of Pharmacy [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 3. 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. (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, or the Texas Board of Nursing[, or the Texas State Board of Pharmacy];

(2) an authorized officer or member of the department or authorized employee or member 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) if the board [director] finds that proper need has been shown to the board, [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) [(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, or advanced practice nurse or is a physician assistant described by Section 481.002(39)(D) or 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; [or]

(5) [(C)] a pharmacist or practitioner who is inquiring about the person's own dispensing or prescribing activity; or

(6) 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) [(a)(3)(B)] or (5) [(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)(4) [(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.

(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.

(f) If the board [director] permits access to information under Subsection (a)(2) relating to a person licensed or regulated by an agency listed in Subsection (a)(1), the board [director] shall notify and cooperate with that agency regarding the disposition of the matter before taking action against the person, unless the board [director] determines that notification is reasonably likely to interfere with an administrative or criminal investigation or prosecution.

(g) If the board [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 board [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.

(h) If the board [director] withholds notification to an agency under Subsection (f), the board [director] shall notify the agency of the disclosure of the information and the reason for withholding notification when the board [director] determines that notification is no longer likely to interfere with an administrative or criminal investigation or prosecution.

(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).

(l) In this section, "board" means the Texas State Board of Pharmacy.

SECTION 4. Section 481.0761, Health and Safety Code, is amended by amending Subsections (a), (c), (d), (e), and (f) and adding Subsections (c-1) and (g) to read as follows:

(a) The Texas State Board of Pharmacy [director] shall consult with the director [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 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;

(2) [(1-a)] establish a procedure for the issuance of multiple prescriptions of a Schedule II controlled substance under Section 481.074(d-1); and

(3) [(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.

(c-1) The Texas State Board of Pharmacy by rule may:

(1) [;

[(3)] waive or delay any requirement relating to the time or manner of reporting;

(2) [(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);

(3) [(5)] establish a procedure to control the release of information under Sections 481.074, 481.075, and 481.076; and

(4) [(6)] establish a minimum level of prescription activity below which a reporting activity may be modified or deleted.

(d) The Texas State Board of Pharmacy [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 Texas State Board of Pharmacy [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 board [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 Texas State Board of Pharmacy [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 Texas State Board of Pharmacy may adopt rules providing for a person authorized to access information under Section 481.076(a)(4) 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 5. (a) The changes in law made by this Act apply only to information submitted or accessed on or after January 1, 2016.

(b) The Texas State Board of Pharmacy may enter into an interoperability agreement described by Section 481.076(j), as added by this Act, before January 1, 2016, but the agreement may not go into effect until on or after January 1, 2016.

SECTION 6. (a) Not later than January 1, 2016, the Department of Public Safety shall transfer the appropriate records received by the department under Sections 481.074, 481.076, and 481.0761, Health and Safety Code, 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 December 1, 2016.

(c) A rule, form, policy, procedure, or decision adopted under Chapter 481, Health and Safety Code, as it existed before amendment by 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.

SECTION 7. 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.