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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of certain prescribers and |
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dispensers of controlled substances and to the regulatory agencies |
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that issue a license, certification, or registration to the |
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prescribers or dispensers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.076(a), Health and Safety Code, is |
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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 Section 481.074(q) or |
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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 of a particular patient of the |
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practitioner, provided that the person accessing the information is |
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authorized to do so under the Health Insurance Portability and |
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Accountability Act of 1996 (Pub. L. No. 104-191) and rules adopted |
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under that Act; |
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(5-a) a practitioner inquiring about a recent Schedule |
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II, III, IV, or V prescription history of a particular patient of |
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the practitioner, provided that the practitioner 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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SECTION 2. 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 PHARMACISTS AND PRACTITIONERS. |
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(a) A person authorized to access information under Section |
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481.076(a)(5) or (5-a) shall access that information to review a |
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patient's recent prescription history regarding opioids, |
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benzodiazepines, barbiturates, and carisoprodol before prescribing |
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or dispensing any of those drugs to the patient. |
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(b) Each regulatory agency with jurisdiction over a person |
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authorized to access information under Section 481.076(a)(5) or |
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(5-a) may monitor the prescribing or dispensing actions of the |
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person. |
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(c) A violation of Subsection (a) is grounds for |
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disciplinary action by the regulatory agency that issued a license, |
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certification, or registration to the person who committed the |
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violation. |
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SECTION 3. The change in law made by this Act applies only |
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to a prescription issued on or after the effective date of this Act. |
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A prescription issued before the effective date of this Act is |
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governed by the law in effect on the date the prescription is |
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issued, and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |