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A BILL TO BE ENTITLED
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AN ACT
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relating to Schedule II controlled substance prescriptions under |
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the Texas Controlled Substances Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.003(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The director may adopt rules to administer and enforce |
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this chapter, other than Sections 481.073, 481.074, 481.075, |
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481.0755, 481.076, 481.0761, 481.0762, 481.0763, 481.0764, |
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481.0765, and 481.0766. The board may adopt rules to administer |
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Sections 481.073, 481.074, 481.075, 481.0755, 481.076, 481.0761, |
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481.0762, 481.0763, 481.0764, 481.0765, and 481.0766. |
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SECTION 2. Subchapter C, Chapter 481, Health and Safety |
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Code, is amended by adding Section 481.0755 to read as follows: |
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Sec. 481.0755. WRITTEN, ORAL, AND TELEPHONICALLY |
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COMMUNICATED PRESCRIPTIONS FOR SCHEDULE II CONTROLLED SUBSTANCES. |
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(a) Notwithstanding any other provision of this subchapter, a |
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person prescribing or dispensing a Schedule II controlled substance |
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must use the electronic prescription record and may not use a |
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written, oral, or telephonically communicated prescription. |
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(b) A prescriber may issue a written, oral, or |
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telephonically communicated prescription for a Schedule II |
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controlled substance as authorized under this subchapter only if |
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the prescription is issued in an emergency, as defined by board |
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rule. |
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(c) A written, oral, or telephonically communicated |
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prescription must comply with the applicable requirements |
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prescribed by Sections 481.074 and 481.075. |
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SECTION 3. Section 481.128(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A registrant or dispenser commits an offense if the |
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registrant or dispenser knowingly: |
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(1) distributes, delivers, administers, or dispenses |
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a controlled substance in violation of Sections 481.070-481.0755 |
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[481.070-481.075]; |
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(2) manufactures a controlled substance not |
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authorized by the person's Federal Drug Enforcement Administration |
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registration or distributes or dispenses a controlled substance not |
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authorized by the person's registration to another registrant or |
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other person; |
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(3) refuses or fails to make, keep, or furnish a |
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record, report, notification, order form, statement, invoice, or |
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information required by this chapter; |
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(4) prints, manufactures, possesses, or produces an |
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official prescription form without the approval of the board; |
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(5) delivers or possesses a counterfeit official |
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prescription form; |
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(6) refuses an entry into a premise for an inspection |
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authorized by this chapter; |
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(7) refuses or fails to return an official |
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prescription form as required by Section 481.075(k); |
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(8) refuses or fails to make, keep, or furnish a |
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record, report, notification, order form, statement, invoice, or |
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information required by a rule adopted by the director or the board; |
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or |
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(9) refuses or fails to maintain security required by |
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this chapter or a rule adopted under this chapter. |
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SECTION 4. Section 481.129(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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(1) distributes as a registrant or dispenser a |
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controlled substance listed in Schedule I or II, unless the person |
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distributes the controlled substance as authorized under the |
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federal Controlled Substances Act (21 U.S.C. Section 801 et seq.); |
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(2) uses in the course of manufacturing, prescribing, |
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or distributing a controlled substance a Federal Drug Enforcement |
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Administration registration number that is fictitious, revoked, |
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suspended, or issued to another person; |
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(3) issues a prescription bearing a forged or |
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fictitious signature; |
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(4) uses a prescription issued to another person to |
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prescribe a Schedule II controlled substance; |
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(5) possesses, obtains, or attempts to possess or |
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obtain a controlled substance or an increased quantity of a |
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controlled substance: |
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(A) by misrepresentation, fraud, forgery, |
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deception, or subterfuge; |
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(B) through use of a fraudulent prescription |
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form; [or] |
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(C) through use of a fraudulent oral or |
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telephonically communicated prescription; or |
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(D) through the use of a fraudulent electronic |
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prescription; or |
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(6) furnishes false or fraudulent material |
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information in or omits material information from an application, |
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report, record, or other document required to be kept or filed under |
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this chapter. |
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SECTION 5. Section 554.051(a-1), Occupations Code, is |
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amended to read as follows: |
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(a-1) The board may adopt rules to administer Sections |
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481.073, 481.074, 481.075, 481.0755, 481.076, 481.0761, 481.0762, |
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481.0763, 481.0764, 481.0765, and 481.0766, Health and Safety Code. |
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SECTION 6. Section 565.003, Occupations Code, is amended to |
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read as follows: |
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Sec. 565.003. ADDITIONAL GROUNDS FOR DISCIPLINE REGARDING |
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APPLICANT FOR OR HOLDER OF NONRESIDENT PHARMACY LICENSE. Unless |
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compliance would violate the pharmacy or drug statutes or rules in |
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the state in which the pharmacy is located, the board may discipline |
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an applicant for or the holder of a nonresident pharmacy license if |
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the board finds that the applicant or license holder has failed to |
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comply with: |
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(1) Section 481.073, 481.074, [or] 481.075, 481.0755, |
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481.076, 481.0761, 481.0762, 481.0763, 481.0764, 481.0765, or |
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481.0766, Health and Safety Code; |
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(2) Texas substitution requirements regarding: |
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(A) the practitioner's directions concerning |
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generic substitution; |
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(B) the patient's right to refuse generic |
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substitution; or |
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(C) notification to the patient of the patient's |
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right to refuse substitution; |
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(3) any board rule relating to providing drug |
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information to the patient or the patient's agent in written form or |
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by telephone; or |
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(4) any board rule adopted under Section 554.051(a) |
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and determined by the board to be applicable under Section |
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554.051(b). |
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SECTION 7. 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 immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 8. This Act takes effect September 1, 2019. |