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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of electronic prescriptions for the prescribing |
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or dispensing of Schedule II controlled substances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.075, Health and Safety Code, is |
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amended by adding Subsections (n), (o), and (p) to read as follows: |
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(n) Notwithstanding any other provision of this section, a |
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person prescribing or dispensing a Schedule II controlled substance |
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must use the electronic prescription record and may not use a |
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written prescription. An official prescription form may be used |
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only by: |
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(1) a prescriber who is a veterinarian; |
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(2) a prescriber or dispensing pharmacist in |
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circumstances in which electronic prescribing is not available due |
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to temporary technological or electrical failure, as provided by |
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board rule; |
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(3) a prescriber issuing a prescription to be filled |
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outside this state; |
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(4) a prescriber or dispensing pharmacist who received |
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a waiver under Subsection (o); or |
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(5) a prescriber if the prescriber determines that it |
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would be impractical for the patient to obtain the substance |
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prescribed by electronic prescription in a timely manner, and the |
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delay would adversely impact the patient's medical condition. |
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(o) The board may grant to a prescriber or dispensing |
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pharmacist a waiver from the requirement to use the electronic |
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prescription record due to: |
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(1) economic hardship; |
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(2) technological limitations that are not reasonably |
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in control of the prescriber or dispensing pharmacist; or |
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(3) another exceptional circumstance demonstrated by |
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the prescriber or dispensing pharmacist. |
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(p) A waiver granted under Subsection (o) may not be for a |
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period of more than one year. A person may reapply for a waiver on |
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expiration of the previous waiver. |
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SECTION 2. The change in law made by this Act applies only |
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to a prescription issued on or after January 1, 2018. A |
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prescription issued before January 1, 2018, is governed by the law |
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in effect immediately before the effective date of this Act, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |