By: Bonnen of Brazoria H.B. No. 3189
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the reporting of and access to information related to
  court-ordered prescription drug substance abuse treatment;
  providing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter G, Chapter 42A, Code of Criminal
  Procedure, is amended by adding Article 42A.3035 to read as
  follows:
         Art. 42A.3035.  REPORTING. (a)  A judge who requires as a
  condition of community supervision that a defendant serve a term of
  confinement and treatment in a substance abuse felony punishment
  facility or participate in substance abuse treatment services in a
  program or facility approved or licensed by the Department of State
  Health Services to receive treatment for prescription drug
  substance abuse shall, if the defendant consents to the release of
  the information, submit to the Texas State Board of Pharmacy:
               (1)  the name and date of birth of the defendant; and
               (2)  the name of the substance or substances abused by
  the defendant.
         (b)  A defendant may not be:
               (1)  required as a condition of community supervision
  to consent to the release of information under Subsection (a); or
               (2)  excluded from a substance abuse treatment facility
  or program based on the defendant's failure to consent to the
  release of the information.
         SECTION 2.  Chapter 121, Government Code, is amended by
  adding Section 121.003 to read as follows:
         Sec. 121.003.  REPORTING. (a)  A judge who requires a
  defendant to receive treatment for prescription drug substance
  abuse as a condition of participation in a specialty court under
  this subtitle shall submit to the Texas State Board of Pharmacy:
               (1)  the name and date of birth of the defendant;
               (2)  the name of the specialty court in which the
  defendant is participating;
               (3)  the date the defendant began participating in the
  specialty court; and
               (4)  if the defendant consents to the release of the
  information, the name of the substance or substances abused by the
  defendant.
         (b)  A defendant may not be:
               (1)  required as a condition of participation in a
  specialty court to consent to the release of information under
  Subsection (a)(4); or
               (2)  excluded from a substance abuse treatment facility
  or program based on the defendant's failure to consent to the
  release of the information.
         SECTION 3.  Subchapter D, Chapter 462, Health and Safety
  Code, is amended by adding Section 462.0691 to read as follows:
         Sec. 462.0691.  REPORTING. (a)  A judge who enters an order
  for court-ordered treatment under this chapter for prescription
  drug substance abuse shall, if the patient consents to the release
  of the information, submit to the Texas State Board of Pharmacy:
               (1)  the name and date of birth of the patient; and
               (2)  the name of the substance or substances abused by
  the patient.
         (b)  A patient may not be excluded from a substance abuse
  treatment facility or program based on the patient's failure to
  consent to the release of information under Subsection (a).
         SECTION 4.  Section 481.076, Health and Safety Code, is
  amended by amending Subsections (a), (a-3), (a-4), (c), (i), and
  (j) and adding Subsection (a-6) to read as follows:
         (a)  The board may not permit any person to have access to
  information submitted to the board under Article 42A.3035, Code of
  Criminal Procedure, Section 121.003, Government Code, or Section
  462.0691, 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;
               (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)  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 acting at the direction
  of a practitioner and is inquiring about a recent Schedule II, III,
  IV, or V prescription history or any prescription drug substance
  abuse treatment 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); or
               (8)  the judge of a specialty court as defined by
  Section 121.001, Government Code, or the judge's designee, in the
  manner prescribed by Subsection (a-6).
         (a-3)  The board shall ensure that the department has
  unrestricted access at all times to information submitted to the
  board under Article 42A.3035, Code of Criminal Procedure, Section
  121.003, Government Code, and Sections 462.0691, 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 Article 42A.3035, Code of Criminal Procedure, Section
  121.003, Government Code, or Section 462.0691, 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-6)  On request by a judge of a specialty court as defined
  by Section 121.001, Government Code, or the judge's designee, the
  board shall provide to the judge or the judge's designee
  information submitted to the board under Article 42A.3035, Code of
  Criminal Procedure, Section 121.003, Government Code, or Section
  462.0691, 481.074(q), or 481.075 that relates to a current or
  prospective specialty court program participant.
         (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 Article 42A.3035, Code of Criminal Procedure,
  Section 121.003, Government Code, and Sections 462.0691, 481.074,
  and 481.075. 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.
         (i)  Information submitted to the board under Article
  42A.3035, Code of Criminal Procedure, Section 121.003, Government
  Code, or Section 462.0691, 481.074(q), or 481.075 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 Article 42A.3035, Code of Criminal
  Procedure, Section 121.003, Government Code, and Sections
  462.0691, 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.
         SECTION 5.  Section 481.0761(a), Health and Safety Code, is
  amended 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 or court to transmit the information required by Article
  42A.3035, Code of Criminal Procedure, Section 121.003, Government
  Code, and Sections 462.0691, 481.074(q), and 481.075(i) to the
  board electronically or to deliver the information on storage
  media, including disks, tapes, and cassettes.
         SECTION 6.  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 Article 42A.3035, Code of Criminal
  Procedure, Section 121.003, Government Code, or Section 462.0691,
  481.074(q), or 481.075.
         SECTION 7.  (a) Article 42A.3035, Code of Criminal
  Procedure, as added by this Act, applies to a defendant placed on
  community supervision on or after the effective date of this Act,
  regardless of whether the offense for which the defendant was
  placed on community supervision was committed before, on, or after
  the effective date of this Act.
         (b)  Section 121.003, Government Code, as added by this Act,
  applies to a person who, on or after the effective date of this Act,
  enters a specialty court program under Subtitle K, Title 2,
  Government Code, regardless of whether the person committed the
  offense for which the person enters the program before, on, or after
  the effective date of this Act.
         (c)  Section 462.0691, Health and Safety Code, as added by
  this Act, applies only to an order for court-ordered treatment
  entered on or after the effective date of this Act. An order
  entered before the effective date of this Act is governed by the law
  in effect on the date the order was entered, and the former law is
  continued in effect for that purpose.
         SECTION 8.  This Act takes effect September 1, 2017.