85R5540 JSC-D

By: Coleman H.B. No. 2859

A BILL TO BE ENTITLED

AN ACT

relating to prescriber and dispenser reporting and access to patient prescription information under the Texas Controlled Substances Act.

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

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

(c) Not later than the next business [seventh] day after the date a prescribing practitioner authorizes an emergency oral or telephonically communicated prescription, the prescribing practitioner shall send the information to the board as required by Section 481.075 and cause a written or electronic prescription, completed in the manner required by that section [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 next business [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 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.

(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.

SECTION 2. Sections 481.075(g) and (i), Health and Safety Code, are amended to read as follows:

(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 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; and

(3) send all required information, including any information required to complete an official prescription form or electronic prescription record, to the board by electronic transfer or another form approved by the board not later than the next business day after the date the prescription is issued.

(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, including any information required to complete an official prescription form or electronic prescription record, 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.

SECTION 3. Section 481.076, Health and Safety Code, is amended by adding Subsection (c-1) to read as follows:

(c-1) To avoid duplicate entries, the system described by Subsection (c) must be capable of associating a report by a practitioner issuing a prescription with a report by a pharmacist subsequently dispensing the substance under that same prescription.

SECTION 4. Subchapter C, Chapter 481, Health and Safety Code, is amended by adding Section 481.0762 to read as follows:

Sec. 481.0762. DUTIES OF PRESCRIBERS, PHARMACISTS, AND RELATED HEALTH CARE PRACTITIONERS. (a) A person authorized to receive information under Section 481.076(a)(5), before prescribing or dispensing a controlled substance to a patient, shall access that information with respect to the patient.

(b) A violation of this section is grounds for disciplinary action by the regulatory agency that issued a license, certification, or registration to the person who committed the violation.

SECTION 5. The change in law made by this Act applies only to a prescription issued or completely filled on or after January 1, 2018. A prescription issued or completely filled before January 1, 2018, is covered by the law as it existed immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

SECTION 6. This Act takes effect September 1, 2017.