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.