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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of and access to information related to |
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court-ordered prescription drug substance abuse treatment; |
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providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 42A, Code of Criminal |
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Procedure, is amended by adding Article 42A.3035 to read as |
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follows: |
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Art. 42A.3035. REPORTING. A judge who requires as a |
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condition of community supervision that a defendant serve a term of |
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confinement and treatment in a substance abuse felony punishment |
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facility or participate in substance abuse treatment services in a |
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program or facility approved or licensed by the Department of State |
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Health Services to receive treatment for prescription drug |
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substance abuse shall submit to the Texas State Board of Pharmacy: |
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(1) the name and date of birth of the defendant; and |
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(2) the name of the substance or substances abused by |
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the defendant. |
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SECTION 2. Chapter 121, Government Code, is amended by |
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adding Section 121.003 to read as follows: |
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Sec. 121.003. REPORTING. A judge who requires a defendant |
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to receive treatment for prescription drug substance abuse as a |
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condition of participation in a specialty court under this subtitle |
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shall submit to the Texas State Board of Pharmacy: |
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(1) the name and date of birth of the defendant; and |
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(2) the name of the substance or substances abused by |
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the defendant. |
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SECTION 3. Subchapter D, Chapter 462, Health and Safety |
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Code, is amended by adding Section 462.0691 to read as follows: |
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Sec. 462.0691. REPORTING. A judge who enters an order for |
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court-ordered treatment under this chapter for prescription drug |
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substance abuse shall submit to the Texas State Board of Pharmacy: |
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(1) the name and date of birth of the patient; and |
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(2) the name of the substance or substances abused by |
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the patient. |
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SECTION 4. Sections 481.076(a), (a-3), (a-4), (c), (i), and |
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(j), Health and Safety Code, are amended to read as follows: |
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(a) The board may not permit any person to have access to |
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information submitted to the board under Article 42A.3035, Code of |
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Criminal Procedure, Section 121.003, Government Code, or Section |
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462.0691, 481.074(q), or 481.075 except: |
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(1) an investigator for the board, the Texas Medical |
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Board, the Texas State Board of Podiatric Medical Examiners, the |
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State Board of Dental Examiners, the State Board of Veterinary |
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Medical Examiners, the Texas Board of Nursing, or the Texas |
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Optometry Board; |
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(2) an authorized officer or member of the department |
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or authorized employee of the board engaged in the administration, |
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investigation, or enforcement of this chapter or another law |
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governing illicit drugs in this state or another state; |
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(3) the department on behalf of a law enforcement or |
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prosecutorial official engaged in the administration, |
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investigation, or enforcement of this chapter or another law |
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governing illicit drugs in this state or another state; |
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(4) a medical examiner conducting an investigation; |
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(5) a pharmacist or a pharmacy technician, as defined |
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by Section 551.003, Occupations Code, acting at the direction of a |
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pharmacist or a practitioner who is a physician, dentist, |
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veterinarian, podiatrist, optometrist, or advanced practice nurse |
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or is a physician assistant described by Section 481.002(39)(D) or |
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an employee or other agent of a practitioner acting at the direction |
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of a practitioner and is inquiring about a recent Schedule II, III, |
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IV, or V prescription history or any prescription drug substance |
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abuse treatment of a particular patient of the practitioner, |
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provided that the person accessing the information is authorized to |
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do so under the Health Insurance Portability and Accountability Act |
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of 1996 (Pub. L. No. 104-191) and rules adopted under that Act; |
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(6) a pharmacist or practitioner who is inquiring |
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about the person's own dispensing or prescribing activity; or |
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(7) one or more states or an association of states with |
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which the board has an interoperability agreement, as provided by |
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Subsection (j). |
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(a-3) The board shall ensure that the department has |
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unrestricted access at all times to information submitted to the |
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board under Article 42A.3035, Code of Criminal Procedure, Section |
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121.003, Government Code, and Sections 462.0691, 481.074(q), and |
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481.075. The department's access to the information shall be |
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provided through a secure electronic portal under the exclusive |
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control of the department. The department shall pay all expenses |
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associated with the electronic portal. |
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(a-4) A law enforcement or prosecutorial official described |
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by Subsection (a)(3) may obtain information submitted to the board |
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under Article 42A.3035, Code of Criminal Procedure, Section |
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121.003, Government Code, or Section 462.0691, 481.074(q), or |
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481.075 only if the official submits a request to the department. |
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If the department finds that the official has shown proper need for |
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the information, the department shall provide access to the |
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relevant information. |
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(c) The board by rule shall design and implement a system |
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for submission of information to the board by electronic or other |
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means and for retrieval of information submitted to the board under |
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this section and Article 42A.3035, Code of Criminal Procedure, |
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Section 121.003, Government Code, and Sections 462.0691, 481.074, |
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and 481.075. The board shall use automated information security |
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techniques and devices to preclude improper access to the |
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information. The board shall submit the system design to the |
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director and the Texas Medical Board for review and comment a |
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reasonable time before implementation of the system and shall |
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comply with the comments of those agencies unless it is |
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unreasonable to do so. |
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(i) Information submitted to the board under Article |
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42A.3035, Code of Criminal Procedure, Section 121.003, Government |
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Code, or Section 462.0691, 481.074(q), or 481.075 is confidential |
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and remains confidential regardless of whether the board permits |
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access to the information under this section. |
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(j) The board may enter into an interoperability agreement |
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with one or more states or an association of states authorizing the |
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board to access prescription monitoring information maintained or |
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collected by the other state or states or the association, |
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including information maintained on a central database such as the |
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National Association of Boards of Pharmacy Prescription Monitoring |
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Program InterConnect. Pursuant to an interoperability agreement, |
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the board may authorize the prescription monitoring program of one |
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or more states or an association of states to access information |
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submitted to the board under Article 42A.3035, Code of Criminal |
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Procedure, Section 121.003, Government Code, and Sections |
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462.0691, 481.074(q), and 481.075, including by submitting or |
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sharing information through a central database such as the National |
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Association of Boards of Pharmacy Prescription Monitoring Program |
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InterConnect. |
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SECTION 5. Section 481.0761(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The board shall by rule establish and revise as |
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necessary a standardized database format that may be used by a |
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pharmacy or court to transmit the information required by Article |
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42A.3035, Code of Criminal Procedure, Section 121.003, Government |
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Code, and Sections 462.0691, 481.074(q), and 481.075(i) to the |
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board electronically or to deliver the information on storage |
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media, including disks, tapes, and cassettes. |
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SECTION 6. Subchapter C, Chapter 481, Health and Safety |
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Code, is amended by adding Section 481.0762 to read as follows: |
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Sec. 481.0762. DUTIES OF PRESCRIBERS. A person authorized |
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to receive information under Section 481.076(a)(5), before |
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prescribing a controlled substance to a patient, shall access that |
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information with respect to the patient. |
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SECTION 7. Section 481.127(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A person commits an offense if the person knowingly |
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gives, permits, or obtains unauthorized access to information |
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submitted to the board under Article 42A.3035, Code of Criminal |
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Procedure, Section 121.003, Government Code, or Section 462.0691, |
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481.074(q), or 481.075. |
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SECTION 8. (a) Article 42A.3035, Code of Criminal |
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Procedure, as added by this Act, applies to a defendant placed on |
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community supervision on or after the effective date of this Act, |
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regardless of whether the offense for which the defendant was |
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placed on community supervision was committed before, on, or after |
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the effective date of this Act. |
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(b) Section 121.003, Government Code, as added by this Act, |
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applies to a person who, on or after the effective date of this Act, |
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enters a specialty court program under Subtitle K, Title 2, |
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Government Code, regardless of whether the person committed the |
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offense for which the person enters the program before, on, or after |
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the effective date of this Act. |
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(c) Section 462.0691, Health and Safety Code, as added by |
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this Act, applies only to an order for court-ordered treatment |
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entered on or after the effective date of this Act. An order |
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entered before the effective date of this Act is governed by the law |
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in effect on the date the order was entered, and the former law is |
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continued in effect for that purpose. |
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(d) Section 481.0762, Health and Safety Code, as added by |
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this Act, applies only to a prescription issued on or after the |
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effective date of this Act. A prescription issued before the |
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effective date of this Act is governed by the law in effect on the |
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date the prescription is issued, and the former law is continued in |
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effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2017. |