H.R. No. 2195
 
 
 
R E S O L U T I O N
         BE IT RESOLVED by the House of Representatives of the State of
  Texas, 86th Legislature, Regular Session, 2019, That House Rule 13,
  Section 9(a), be suspended in part as provided by House Rule 13,
  Section 9(f), to enable the conference committee appointed to
  resolve the differences on House Bill 3284 (the prescribing and
  dispensing of controlled substances under the Texas Controlled
  Substances Act; authorizing a fee; providing for administrative
  penalties; creating criminal offenses) to consider and take action
  on the following matters:
         (1)  House Rule 13, Section 9(a)(2), is suspended to permit
  the committee to omit text not in disagreement by omitting SECTION 1
  of the house engrossment of House Bill 3284 and the corresponding
  SECTION of the bill as the bill was amended by the senate adding
  Section 481.0755, Health and Safety Code, which reads as follows:
         SECTION 1.  Subchapter C, Chapter 481, Health and Safety
  Code, is amended by adding Section 481.0755 to read as follows:
         Sec. 481.0755.  WRITTEN, ORAL, AND TELEPHONICALLY
  COMMUNICATED PRESCRIPTIONS. (a) Notwithstanding Sections
  481.073, 481.074, and 481.075, a person prescribing or dispensing a
  controlled substance must use the electronic prescription record
  and may not use a written, oral, or telephonically communicated
  prescription.
         (b)  A prescriber may issue a written, oral, or
  telephonically communicated prescription for a controlled
  substance as authorized under this subchapter only if the
  prescription is issued:
               (1)  by a veterinarian;
               (2)  in circumstances in which electronic prescribing
  is not available due to temporary technological or electronic
  failure, as prescribed by board rule;
               (3)  by a practitioner to be dispensed by a pharmacy
  located outside this state, as prescribed by board rule;
               (4)  when the prescriber and dispenser are the same
  entity;
               (5)  in circumstances in which necessary elements are
  not supported by the most recent electronic prescription drug
  software;
               (6)  for a drug for which the United States Food and
  Drug Administration requires additional information in the
  prescription that is not possible with electronic prescribing;
               (7)  for a non-patient-specific prescription pursuant
  to a standing order, approved protocol for drug therapy,
  collaborative drug management, or comprehensive medication
  management, in response to a public health emergency or in other
  circumstances in which the practitioner may issue a
  non-patient-specific prescription;
               (8)  for a drug under a research protocol;
               (9)  by a prescriber who is employed by or is practicing
  a health care profession at a health-related institution, as
  defined by Section 62.161, Education Code, as added by Chapter 448
  (H.B. 7), Acts of the 84th Legislature, 2015;
               (10)  by a practitioner who has received a waiver under
  Subsection (c) from the requirement to use electronic prescribing;
  or
               (11)  under circumstances in which the practitioner has
  the present ability to submit an electronic prescription but
  reasonably determines that it would be impractical for the patient
  to obtain the drugs prescribed under the electronic prescription in
  a timely manner and that a delay would adversely impact the
  patient's medical condition.
         (c)  The board shall adopt rules establishing a process by
  which a practitioner may request and receive a waiver under
  Subsection (b)(10), not to exceed one year, from the requirement to
  use electronic prescribing. The board shall adopt rules
  establishing the eligibility for a waiver, including:
               (1)  economic hardship;
               (2)  technological limitations not reasonably within
  the control of the practitioner; or
               (3)  other exceptional circumstances demonstrated by
  the practitioner.
         (d)  A written, oral, or telephonically communicated
  prescription must comply with the applicable requirements
  prescribed by Sections 481.074 and 481.075.
         (e)  A dispensing pharmacist who receives a controlled
  substance prescription in a manner other than electronically is not
  required to verify that the prescription is exempt from the
  requirement that it be submitted electronically.
         (f)  The board shall enforce this section.
         Explanation: This change is necessary to avoid conflicting
  with language in House Bill 2174 that also adds Section 481.0755,
  Health and Safety Code. The house has concurred in the senate
  amendments to House Bill 2174.
         (2)  House Rule 13, Sections 9(a)(1) and (2), are suspended
  to permit the committee to change and omit text not in disagreement
  in SECTIONS 6 and 9 of the house engrossment of House Bill 3284 and
  the corresponding SECTIONS of the bill as the bill was amended by
  the senate to strike references to Section 481.0755, Health and
  Safety Code.
         Explanation: This change is necessary to conform
  cross-references to the omission of proposed Section 481.0755,
  Health and Safety Code.
         (3)  House Rule 13, Section 9(a)(2), is suspended to permit
  the committee to omit text not in disagreement by omitting SECTION
  13 of the house engrossment of House Bill 3284 and the corresponding
  SECTION of the bill as the bill was amended by the senate, which
  reads as follows:
         SECTION 13.  Section 481.0755, Health and Safety Code, as
  added by this Act, applies only to a prescription issued on or after
  the effective date of this Act.
         Explanation: This change is necessary to conform to the
  omission of proposed Section 481.0755, Health and Safety Code.
 
  Sheffield
 
  ______________________________
  Speaker of the House     
 
         I certify that H.R. No. 2195 was adopted by the House on May
  26, 2019, by the following vote:  Yeas 139, Nays 4, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House