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SENATE ENGROSSED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. 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, 481.0762, 481.0763,
481.0764, and 481.0765. The board may adopt rules to administer
Sections 481.073, 481.074, 481.075, 481.076, [and] 481.0761,
481.0762, 481.0763, 481.0764, and 481.0765.
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SECTION 1. 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, 481.0751,
481.076, [and] 481.0761, 481.0762, 481.0763, 481.0764, and
481.0765. The board may adopt rules to administer Sections 481.073,
481.074, 481.075, 481.0751,
481.076, [and] 481.0761, 481.0762, 481.0763, 481.0764, and
481.0765.
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SECTION 2. Section
481.074(q), Health and Safety Code, is amended to read as follows:
(q) Each dispensing
pharmacist shall send all required information, including any information
required to complete the Schedule III through V prescription forms, to the
board by electronic transfer or another form approved by the board not
later than the next business [seventh] day after the date the
prescription is completely filled.
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SECTION 2. Sections
481.074(k) and (q), Health and Safety Code, are amended to read as follows:
(k)
A prescription for a controlled substance must show:
(1)
the quantity of the substance prescribed:
(A)
numerically, followed by the number written as a word, if the prescription
is written;
(B)
numerically, if the prescription is electronic; or
(C)
if the prescription is communicated orally or telephonically, as transcribed
by the receiving pharmacist;
(2)
the date of issue;
(2-a)
if the prescription is issued for a Schedule II controlled substance to be
filled at a later date under Subsection (d-1), the earliest date on which a
pharmacy may fill the prescription;
(3)
the name, address, and date of birth or age of the patient or:
(A) [,] if
the controlled substance is prescribed for an individual animal:
(i) [,]
the name, species, and actual or estimated date of birth of
the animal; and
(ii) the name and
address of the animal's [its] owner; or
(B) if the controlled substance is prescribed for a group or
herd of animals:
(i) an identifier for the group or herd and the species of the
group or herd; and
(ii) the name and address of the owner of the group or herd or,
if the group or herd is not owned by a person, the name and address of the
client to whom the controlled substance is to be dispensed;
(4)
the name and strength of the controlled substance prescribed;
(5)
the directions for use of the controlled substance;
(6)
the intended use of the substance prescribed unless the practitioner
determines the furnishing of this information is not in the best interest
of the patient;
(7)
the name, address, Federal Drug Enforcement Administration number, and
telephone number of the practitioner at the practitioner's usual place of
business, which must be legibly printed or stamped on a written
prescription; and
(8)
if the prescription is handwritten, the signature of the prescribing
practitioner.
(q) Each dispensing pharmacist
shall send all required information, including any information required to
complete the Schedule III through V prescription forms, to the board by
electronic transfer or another form approved by the board not later than
the next business [seventh] day after the date the
prescription is completely filled.
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SECTION 3. Section
481.075(i), Health and Safety Code, is amended.
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SECTION 3. Same as engrossed
version.
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No
equivalent provision.
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SECTION 4. Subchapter C,
Chapter 481, Health and Safety Code, is amended by adding Section 481.0751
to read as follows:
Sec. 481.0751. DISPENSING
VETERINARIANS. (a) This section applies to a veterinarian who holds a
registration issued by the Federal Drug Enforcement Administration and
dispenses Schedule II, III, IV, or V controlled substances directly to the
owner or handler of an animal.
(b) Not later than the
seventh day after the date the veterinarian dispenses a controlled
substance, the veterinarian shall submit to the board:
(1) the name, strength,
and quantity of the substance dispensed;
(2) the date the
substance was dispensed;
(3) the name of the
individual animal or if the substance is dispensed for a group or herd of
animals, an identifier for the group or herd;
(4) the species of the
animal or group or herd of animals;
(5) if the controlled
substance is dispensed for an individual animal, the actual or estimated
date of birth of the animal;
(6) as applicable, the
name and address of:
(A) the owner of the
individual animal;
(B) the owner of the group
or herd; or
(C) if the controlled
substance is dispensed for a group or herd that is not owned by a person,
the name and address of the client to whom the controlled substance is
dispensed; and
(7) the name, address,
Federal Drug Enforcement Administration number, and telephone number of the
veterinarian at the veterinarian's usual place of business.
(c) A veterinarian shall
retain a record of the information submitted to the board under Subsection
(b) for a period of not less than two years after the date the substance is
dispensed.
(d) Failure to comply
with this section is grounds for disciplinary action by the State Board of
Veterinary Medical Examiners.
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SECTION 4. Sections
481.076(a) and (d), Health and Safety Code, are amended to read as follows:
(a) The board may not permit
any person to have access to information submitted to the board 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 Board for the purpose of:
(A) investigating a
specific license holder; or
(B) monitoring for
potentially harmful prescribing or dispensing patterns or practices under
Section 481.0762;
(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;
(3) the department on behalf
of 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) provided that
accessing the information is authorized under the Health Insurance
Portability and Accountability Act of 1996 (Pub. L. No. 104-191) and
regulations adopted under that Act:
(A) a pharmacist or a
pharmacy technician, as defined by Section 551.003, Occupations Code,
acting at the direction of a pharmacist; or
(B) a practitioner
who:
(i) 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 acting at the direction of a
practitioner; and
(ii) 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];
(6) 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).
(d) Information submitted to
the board 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, or monitoring purposes in connection with the functions
of an agency listed in Subsection (a)(1);
(3) the prescribing and
dispensing of controlled substances by a person listed in Subsection
(a)(5); or
(4) [(3)]
dissemination by the board 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.
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SECTION 5. Sections
481.076(a), (a-3), (a-4), (c), (d), (i), and (j), Health and Safety Code,
are amended to read as follows:
(a) The board may not permit
any person to have access to information submitted to the board under
Section 481.074(q), [or] 481.075, or 481.0751 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 Board for the purpose of:
(A) investigating a
specific license holder; or
(B) monitoring for
potentially harmful prescribing or dispensing patterns or practices under
Section 481.0762;
(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;
(3) the department on behalf
of 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) provided that
accessing the information is authorized under the Health Insurance Portability
and Accountability Act of 1996 (Pub. L. No. 104-191) and regulations
adopted under that Act:
(A) a pharmacist or a
pharmacy technician, as defined by Section 551.003, Occupations Code,
acting at the direction of a pharmacist; or
(B) a practitioner
who:
(i) 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 acting at the direction of a
practitioner; and
(ii) 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];
(6) 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-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, and 481.0751. 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, or 481.0751 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.
(c)
The board by rule shall design and implement a system for submission of
information to the board by electronic or other means and for retrieval of
information submitted to the board under this section and Sections 481.074,
[and] 481.075, and 481.0751. The board shall use automated
information security techniques and devices to preclude improper access to
the information. The board shall submit the system design to the director
and the Texas Medical Board for review and 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 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, or monitoring purposes in connection with the functions
of an agency listed in Subsection (a)(1);
(3) the prescribing and
dispensing of controlled substances by a person listed in Subsection
(a)(5); or
(4) [(3)]
dissemination by the board 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.
(i)
Information submitted to the board under Section 481.074(q), [or]
481.075, or 481.0751 is confidential and remains confidential
regardless of whether the board 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, and 481.0751, including by submitting or sharing
information through a central database such as the National Association of
Boards of Pharmacy Prescription Monitoring Program InterConnect.
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SECTION 5. Section 481.0761,
Health and Safety Code, is amended by adding Subsections (h), (i), (j), and
(k) to read as follows:
(h) The board, in
consultation with the department and the regulatory agencies listed in
Section 481.076(a)(1), shall identify potentially harmful prescribing or
dispensing patterns or practices that may suggest drug diversion or drug
abuse. The board shall develop indicators for levels of prescriber or
patient activity that suggest that a potentially harmful prescribing or
dispensing pattern or practice may be occurring or that drug diversion or
drug abuse may be occurring.
(i) The board may, based
on the indicators developed under Subsection (h), send a prescriber or
dispenser an electronic notification if the information submitted under
Sections 481.074(q) and 481.075 indicates that a potentially harmful
prescribing or dispensing pattern or practice may be occurring or that drug
diversion or drug abuse may be occurring.
(j) The board by rule may
develop guidelines identifying patterns that may indicate that a particular
patient to whom a controlled substance is prescribed or dispensed is
engaging in drug abuse or drug diversion. These guidelines may be based on
the frequency of prescriptions issued to and filled by the patient, the
types of controlled substances prescribed, and the number of prescribers
who prescribe controlled substances to the patient. The board may, based
on the guidelines developed under this subsection, send a prescriber or
dispenser an electronic notification if there is reason to believe that a
particular patient is engaging in drug abuse or drug diversion.
(k) The board by rule may
develop guidelines identifying additional behavior that would suggest that
drug diversion or drug abuse is occurring. A person described by Section
481.076(a)(5)(A) who observes that behavior by a person to whom a
controlled substance is to be dispensed shall access the information under
Section 481.076(a)(5) regarding the patient for whom the prescription for
the controlled substance was issued.
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SECTION 6. Section 481.0761,
Health and Safety Code, is amended by amending Subsections (a) and (c) and
adding Subsections (h), (i), (j), (k), and (l) to read as follows:
(a)
The board shall 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), and
481.0751 to the board electronically or to deliver the information on
storage media, including disks, tapes, and cassettes.
(c)
The board 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, 481.0751, and 481.076; and
(6)
establish a minimum level of prescription activity below which a reporting
activity may be modified or deleted.
(h) The board, in
consultation with the department and the regulatory agencies listed in
Section 481.076(a)(1) shall identify potentially harmful prescribing or
dispensing patterns or practices that may suggest drug diversion or drug
abuse. The board shall develop indicators for levels of prescriber or
patient activity that suggest that a potentially harmful prescribing or
dispensing pattern or practice may be occurring or that drug diversion or
drug abuse may be occurring.
(i) The board may, based
on the indicators developed under Subsection (h), send a prescriber or
dispenser an electronic notification if the information submitted under
Sections 481.074(q), 481.075, and 481.0751
indicates that a potentially harmful prescribing or dispensing pattern or
practice may be occurring or that drug diversion or drug abuse may be
occurring.
(j) The board by rule may
develop guidelines identifying patterns that may indicate that a particular
patient to whom a controlled substance is prescribed or dispensed is
engaging in drug diversion or drug abuse. These guidelines may be based on
the frequency of prescriptions issued to and filled by the patient, the
types of controlled substances prescribed, and the number of prescribers
who prescribe controlled substances to the patient. The board may, based
on the guidelines developed under this subsection, send a prescriber or
dispenser an electronic notification if there is reason to believe that a
particular patient is engaging in drug diversion or drug abuse.
(k) The board by rule may
develop guidelines identifying additional behavior that would suggest that
drug diversion or drug abuse is occurring. A person described by Section
481.076(a)(5)(A) who observes that behavior by a person to whom a
controlled substance is to be dispensed shall access the information under
Section 481.076(a)(5) regarding the patient for whom the prescription for
the controlled substance was issued.
(l) If the board finds that the electronic system used by the
board in maintaining the information under Section 481.076 requires data
elements that cannot be provided for a prescription or dispensation of a
controlled substance to a group or herd of animals, the board, in
consultation with the State Board of Veterinary Medical Examiners, shall
adopt rules relating to the specific format in which a person may enter or
submit those data elements with respect to the group or herd.
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SECTION 6. Subchapter C,
Chapter 481, Health and Safety Code, is amended by adding Sections 481.0762,
481.0763, 481.0764, and 481.0765 to read as follows:
Sec. 481.0762. MONITORING
BY REGULATORY AGENCY. (a) Each regulatory agency that issues a license,
certification, or registration to a prescriber shall promulgate specific
guidelines for prescribers regulated by that agency for the responsible
prescribing of opioids, benzodiazepines, barbiturates, or carisoprodol.
(b) A regulatory agency
that issues a license, certification, or registration to a prescriber shall
periodically access the information submitted to the board under Sections
481.074(q) and 481.075 to determine whether a prescriber is engaging in
potentially harmful prescribing patterns or practices.
(c) If the board sends a
prescriber an electronic notification authorized under Section 481.0761(i),
the board shall simultaneously
send an electronic notification to the appropriate regulatory agency.
(d) In determining
whether a potentially harmful prescribing pattern or practice is occurring,
the appropriate regulatory agency, at a minimum, shall consider:
(1) the number of times a
prescriber prescribes opioids, benzodiazepines, barbiturates, or
carisoprodol; and
(2) for prescriptions
described by Subdivision (1), patterns of prescribing combinations of those
drugs and other dangerous combinations of drugs identified by the board.
(e) If, during a periodic
check under this section, the regulatory agency finds evidence that a
prescriber may be engaging in potentially harmful prescribing patterns or
practices, the regulatory agency may notify that prescriber.
(f) A regulatory agency
may open a complaint against a prescriber if the agency finds evidence
during a periodic check under this section that the prescriber is engaging
in conduct that violates this subchapter or any other statute or rule.
Sec. 481.0763.
REGISTRATION BY REGULATORY AGENCY. A regulatory agency that issues a
license, certification, or registration to a prescriber or dispenser shall
provide the board with any necessary information for each prescriber or
dispenser, including contact information for the notifications described by
Sections 481.0761(i) and (j), to register the prescriber or dispenser with
the system by which the prescriber or dispenser receives information as
authorized under Section 481.076(a)(5).
Sec. 481.0764. DUTIES OF
PRESCRIBERS, PHARMACISTS, AND RELATED HEALTH CARE PRACTITIONERS. (a) A
person authorized to receive information under Section 481.076(a)(5), other than a veterinarian, shall access
that information with respect to the patient before prescribing or
dispensing opioids, benzodiazepines, barbiturates, or carisoprodol.
(b) A person authorized
to receive information under Section 481.076(a)(5) may access that
information with respect to the patient before prescribing or dispensing
any controlled substance.
(c) A veterinarian authorized to access information under
Subsection (b) regarding a controlled substance may access the
information for prescriptions dispensed only for the animals of an owner
and may not consider the personal prescription history of the owner.
(d) A violation of
Subsection (a) is grounds for disciplinary action by the regulatory agency
that issued a license, certification, or registration to the person who
committed the violation.
(e) This section does not
grant a person the authority to issue prescriptions for or dispense
controlled substances.
Sec. 481.0765.
EXCEPTIONS. (a) A prescriber is not subject to the requirements of Section
481.0764(a) if:
(1) the patient has been
diagnosed with cancer or the patient is receiving hospice care; and
(2) the prescriber
clearly notes in the prescription record that the patient was diagnosed
with cancer or is receiving hospice care, as applicable.
(b) A dispenser is not
subject to the requirements of Section 481.0764(a) if it is clearly noted
in the prescription record that the patient has been diagnosed with cancer
or is receiving hospice care.
(c) A prescriber or
dispenser is not subject to the requirements of Section 481.0764(a) and a
dispenser is not subject to a rule adopted under Section 481.0761(k) if the
prescriber or dispenser makes a good faith attempt to comply but is unable
to access the information under Section 481.076(a)(5) because of
circumstances outside the control of the prescriber or dispenser.
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SECTION 7. Subchapter C,
Chapter 481, Health and Safety Code, is amended by adding Sections
481.0762, 481.0763, 481.0764, and 481.0765 to read as follows:
Sec. 481.0762. MONITORING
BY REGULATORY AGENCY. (a) Each regulatory agency that issues a license,
certification, or registration to a prescriber shall promulgate specific
guidelines for prescribers regulated by that agency for the responsible
prescribing of opioids, benzodiazepines, barbiturates, or carisoprodol.
(b) A regulatory agency
that issues a license, certification, or registration to a prescriber shall
periodically access the information submitted to the board under Sections 481.074(q),
481.075, and 481.0751 to
determine whether a prescriber is engaging in potentially harmful
prescribing patterns or practices.
(c) The State Board of Veterinary Medical Examiners shall
periodically access the information submitted to the board under Sections
481.074(q), 481.075, and 481.0751 to determine whether a veterinarian is
engaging in potentially harmful prescribing or dispensing patterns or
practices.
(d) If the board sends a
prescriber or dispensing veterinarian
an electronic notification authorized under Section 481.0761(i), the board
shall immediately send an
electronic notification to the appropriate regulatory agency.
(e) In determining
whether a potentially harmful prescribing or
dispensing pattern or practice is occurring, the appropriate
regulatory agency, at a minimum, shall consider:
(1) the number of times a
prescriber prescribes or a veterinarian
dispenses opioids, benzodiazepines, barbiturates, or carisoprodol;
and
(2) for prescriptions and dispensations described by Subdivision
(1), patterns of prescribing or
dispensing combinations of those drugs and other dangerous
combinations of drugs identified by the board.
(f) If, during a periodic
check under this section, the regulatory agency finds evidence that a
prescriber may be engaging in potentially harmful prescribing or dispensing patterns or practices,
the regulatory agency may notify that prescriber.
(g) A regulatory agency
may open a complaint against a prescriber if the agency finds evidence
during a periodic check under this section that the prescriber is engaging
in conduct that violates this subchapter or any other statute or rule.
Sec. 481.0763. REGISTRATION
BY REGULATORY AGENCY. A regulatory agency that issues a license,
certification, or registration to a prescriber or dispenser shall provide
the board with any necessary information for each prescriber or dispenser,
including contact information for the notifications described by Sections
481.0761(i) and (j), to register the prescriber or dispenser with the
system by which the prescriber or dispenser receives information as
authorized under Section 481.076(a)(5).
Sec. 481.0764. DUTIES OF
PRESCRIBERS, PHARMACISTS, AND RELATED HEALTH CARE PRACTITIONERS. (a) A
person authorized to receive information under Section 481.076(a)(5) shall
access that information with respect to the patient before prescribing or
dispensing opioids, benzodiazepines, barbiturates, or carisoprodol.
(b) A person authorized
to receive information under Section 481.076(a)(5) may access that
information with respect to the patient before prescribing or dispensing
any controlled substance.
(c) A veterinarian subject to this section is required to
access the information for prescriptions dispensed only for the animals of
an owner and may not consider the personal prescription history of the
owner.
(d) A violation of
Subsection (a) is grounds for disciplinary action by the regulatory agency
that issued a license, certification, or registration to the person who
committed the violation.
(e) This section does not
grant a person the authority to issue prescriptions for or dispense
controlled substances.
Sec. 481.0765.
EXCEPTIONS. (a) A prescriber is not subject to the requirements of
Section 481.0764(a) if:
(1) the patient has been
diagnosed with cancer or the patient is receiving hospice care; and
(2) the prescriber
clearly notes in the prescription record that the patient was diagnosed
with cancer or is receiving hospice care, as applicable.
(b) A dispenser is not
subject to the requirements of Section 481.0764(a) if it is clearly noted
in the prescription record that the patient has been diagnosed with cancer
or is receiving hospice care.
(c) A prescriber is not subject to the requirements of Section
481.0764(a) if:
(1) the prescription is for a controlled substance in a
quantity not to exceed a five-day supply;
(2) the prescription does not authorize any refills;
(3) the prescription is issued:
(A) pursuant to a patient's emergency medical condition; or
(B) following the patient's surgical procedure; and
(4) the prescriber clearly notes in the prescription record
that the prescription was issued pursuant to the patient's emergency
medical condition or following the patient's surgical procedure, as
applicable.
(d) A dispenser is not subject to the requirements of Section
481.0764(a) if:
(1) the prescription is for a controlled substance in a
quantity not to exceed a five-day supply;
(2) the prescription does not authorize any refills; and
(3) it is clearly noted in the prescription record that the
prescription was issued pursuant to a patient's emergency medical condition
or following a patient's surgical procedure, as applicable.
(e) A prescriber or
dispenser is not subject to the requirements of Section 481.0764(a) and a
dispenser is not subject to a rule adopted under Section 481.0761(k) if the
prescriber or dispenser makes a good faith attempt to comply but is unable
to access the information under Section 481.076(a)(5) because of
circumstances outside the control of the prescriber or dispenser.
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No
equivalent provision.
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SECTION 8. 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 under Section 481.074(q),
[or] 481.075, or 481.0751.
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SECTION 7. Section
554.051(a-1), Occupations Code, is amended 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, 481.0762, 481.0763, 481.0764, and 481.0765, Health and
Safety Code.
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SECTION 9. Section
554.051(a-1), Occupations Code, is amended to read as follows:
(a-1) The board may adopt
rules to administer Sections 481.073, 481.074, 481.075, 481.0751, 481.076, [and]
481.0761, 481.0762, 481.0763, 481.0764, and 481.0765, Health and
Safety Code.
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SECTION 8. (a) The Senate Committee on Health and Human
Services shall conduct an interim study on the monitoring of the
prescribing and dispensing of controlled substances in this state.
(b) The interim study must:
(1) include the number of
prescribers and dispensers registered to receive information electronically
under Section 481.076, Health and Safety Code, as amended by this Act;
(2) evaluate the accessing
of information under Section 481.076, Health and Safety Code, as amended by
this Act, by regulatory agencies to monitor persons issued a license,
certification, or registration by those agencies;
(3) address any complaints,
technical difficulties, or other issues with electronically accessing and
receiving information under Section 481.076, Health and Safety Code, as
amended by this Act;
(4) examine controlled
substance prescribing and dispensing trends that may be affected by the
passage and implementation of this Act;
(5) evaluate the integration
of any new data elements required to be reported under this Act;
(6) evaluate the existence
and scope of diversion of controlled substances by animal owners to whom
the substances are dispensed by veterinarians; and
(7) explore the best methods
for preventing the diversion of controlled substances by animal owners.
(c) The committee shall
solicit feedback from regulatory agencies, prescribers, dispensers, and
patients affected by the passage of this Act.
(d) The committee shall
submit a report to the legislature on the results of the interim study,
including any legislative recommendations for improvements to information
access and controlled substance prescription monitoring, not later than
January 1, 2019.
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SECTION 10. (a) A joint interim committee is created to
conduct an interim study on the monitoring of the prescribing and
dispensing of controlled substances in this state.
(b)
The joint interim committee shall be composed of three senators appointed
by the lieutenant governor and three members of the house of
representatives appointed by the speaker of the house of representatives.
(c)
The lieutenant governor and speaker of the house of representatives shall
each designate a co-chair from among the joint interim committee members.
(d)
The joint interim committee shall convene at the joint call of the
co-chairs.
(e)
The joint interim committee has all other powers and duties provided to a
special or select committee by the rules of the senate and house of
representatives, by Subchapter B, Chapter 301, Government Code, and by
policies of the senate and house committees on administration.
(f) The interim study
conducted by the joint interim committee must:
(1) include the number of
prescribers and dispensers registered to receive information electronically
under Section 481.076, Health and Safety Code, as amended by this Act;
(2) evaluate the accessing
of information under Section 481.076, Health and Safety Code, as amended by
this Act, by regulatory agencies to monitor persons issued a license,
certification, or registration by those agencies;
(3) address any complaints,
technical difficulties, or other issues with electronically accessing and
receiving information under Section 481.076, Health and Safety Code, as
amended by this Act;
(4) examine controlled
substance prescribing and dispensing trends that may be affected by the
passage and implementation of this Act;
(5)
evaluate the use and effectiveness of electronic notifications sent to
prescribers and dispensers under Sections 481.0761(i) and (j), Health and
Safety Code, as added by this Act;
(6)
evaluate the use and effectiveness of identifying geographic anomalies in
comparing delivery and dispensing data;
(7) evaluate the integration
of any new data elements required to be reported under this Act, including information from veterinarians regarding
controlled substances prescribed or dispensed for animals;
(8) evaluate the existence
and scope of diversion of controlled substances by animal owners to whom
the substances are dispensed by veterinarians;
(9) explore the best methods
for preventing the diversion of controlled substances by animal owners, including veterinary reporting under Section
481.0751, Health and Safety Code, as added by this Act; and
(10)
determine how mandated reporting by veterinarians under Section 481.0751,
Health and Safety Code, as added by this Act, might best be tailored to fit
the practice of veterinary medicine.
(g) The committee shall
solicit feedback from regulatory agencies, prescribers, dispensers, and
patients affected by the passage of this Act.
(h) The committee shall
submit a report to the legislature on the results of the interim study,
including any legislative recommendations for improvements to information
access and controlled substance prescription monitoring, not later than
January 1, 2019.
(i)
Subject to available resources, the Texas Legislative Council shall provide
legal and policy research, drafts of proposed legislation, and statistical
analysis services to the joint interim committee for the purpose of the
study required under this section.
(j)
Notwithstanding Section 481.076, Health and Safety Code, as amended by this
Act, or any other law relating to access to or disclosure of prescription
drug information maintained by the Texas State Board of Pharmacy, the Texas
State Board of Pharmacy shall disclose any information maintained by the
board under Section 481.076, Health and Safety Code, to the Texas
Legislative Council on request of the council for the purpose of assisting
with the study required under this section.
(k)
Not later than November 1, 2017, the lieutenant governor and speaker of the
house of representatives shall appoint the members of the joint interim
committee in accordance with this section.
(l)
The joint interim committee created under this section is abolished and
this section expires January 2, 2019.
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SECTION 9. A person is not
required to comply with Section 481.0761(k), Health and Safety Code, as
added by this Act, before September 1,
2018.
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SECTION 12. A person is not
required to comply with Section 481.0761(k), Health and Safety Code, as
added by this Act, before September 1,
2019.
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SECTION 10. Section
481.0764(a), Health and Safety Code, as added by this Act, applies only to:
(1)
a prescriber who issues a prescription for a Schedule II controlled
substance on or after September 1, 2018;
(2) a prescriber who issues
a prescription for a controlled substance on
any schedule on or after September 1, 2019;
(3)
a person authorized by law to dispense a controlled substance who dispenses
a Schedule II controlled substance on or after September 1, 2018; or
(4) a person authorized by
law to dispense a controlled substance who dispenses a controlled substance
on any schedule on or after
September 1, 2019.
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SECTION 13. Section
481.0764(a), Health and Safety Code, as added by this Act, applies only to:
(1) a prescriber who issues
a prescription for a controlled substance on or after September 1, 2019; or
(2) a person authorized by
law to dispense a controlled substance who dispenses a controlled substance
on or after September 1, 2019.
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No
equivalent provision.
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SECTION 11. (a)
Notwithstanding Section 481.0751(b), Health and Safety Code, as added by
this Act:
(1) a veterinarian who dispenses
a controlled substance before January 1, 2018, is not required to submit
the information under that subsection to the Texas State Board of Pharmacy;
and
(2) a veterinarian who
dispenses a controlled substance on or after January 1, 2018, but before September
1, 2019, is required to submit the information under that subsection to the
Texas State Board of Pharmacy not later than the 30th day after the date
the veterinarian dispenses the controlled substance.
(b) A veterinarian who
dispenses a controlled substance on or after September 1, 2019, is required
to comply with Section 481.0751(b), Health and Safety Code, as added by
this Act.
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SECTION 11. This Act takes
effect September 1, 2017.
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SECTION 14. Same as engrossed
version.
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