| |
| |
|
|
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. Section 481.0761, Health and Safety Code, is |
|
|
amended by adding Subsections (h) and (i) to read as follows: |
|
|
(h) The board, in consultation with the department and the |
|
|
regulatory agencies listed in Section 481.076(a)(1) shall identify |
|
|
potentially harmful prescribing or dispensing patterns or |
|
|
practices that may suggest drug diversion or drug abuse. The board |
|
|
shall develop indicators for levels of prescriber or patient |
|
|
activity that suggest that a potentially harmful prescribing or |
|
|
dispensing pattern or practice may be occurring or that drug |
|
|
diversion or drug abuse may be occurring. |
|
|
(i) The board may, based on the indicators developed under |
|
|
Subsection (h), send a prescriber or dispenser an electronic |
|
|
notification if the information submitted under Sections |
|
|
481.074(q) and 481.075 indicates that a potentially harmful |
|
|
prescribing or dispensing pattern or practice may be occurring or |
|
|
that drug diversion or drug abuse may be occurring. |
|
|
SECTION 5. Subchapter C, Chapter 481, Health and Safety |
|
|
Code, is amended by adding Sections 481.0762 and 481.0763 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) shall access that |
|
|
information with respect to the patient before prescribing or |
|
|
dispensing opioids, benzodiazepines, barbiturates, or |
|
|
carisoprodol. |
|
|
(b) A person authorized to receive information under |
|
|
Section 481.076(a)(5) may access that information with respect to |
|
|
the patient before prescribing or dispensing any controlled |
|
|
substance. |
|
|
(c) A violation of Subsection (a) is grounds for |
|
|
disciplinary action by the regulatory agency that issued a license, |
|
|
certification, or registration to the person who committed the |
|
|
violation. |
|
|
Sec. 481.0763. EXCEPTIONS. (a) A prescriber is not subject |
|
|
to the requirements of Section 481.0762(a) if: |
|
|
(1) the patient has been diagnosed with cancer or the |
|
|
patient is receiving hospice care; and |
|
|
(2) the prescriber clearly notes in the prescription |
|
|
record that the patient was diagnosed with cancer or is receiving |
|
|
hospice care, as applicable. |
|
|
(b) A dispenser is not subject to the requirements of |
|
|
Section 481.0762(a) if it is clearly noted in the prescription |
|
|
record that the patient has been diagnosed with cancer or is |
|
|
receiving hospice care. |
|
|
SECTION 6. Section 481.0762, Health and Safety Code, as |
|
|
added by this Act, applies only to: |
|
|
(1) a prescriber who issues a prescription on or after |
|
|
September 1, 2018; or |
|
|
(2) a person authorized by law to dispense a |
|
|
controlled substance who dispenses the substance on or after |
|
|
September 1, 2018. |
|
|
SECTION 7. This Act takes effect September 1, 2017. |