By: Watson S.B. No. 363
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to access to certain controlled substance prescription
  information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 481.076(a), (f), (g), and (h), Health
  and Safety Code, are amended to read as follows:
         (a)  The board may not permit any person to have access to
  information submitted to the board under Section 481.074(q) or
  481.075 except:
               (1)  the board, the Texas Medical Board, the Texas
  Department of Licensing and Regulation, with respect to the
  regulation of podiatrists [State Board of Podiatric Medical
  Examiners], the State Board of Dental Examiners, the State Board of
  Veterinary Medical Examiners, the Texas Board of Nursing, or the
  Texas Optometry Board for the purpose of:
                     (A)  investigating a specific license holder; or
                     (B)  monitoring for potentially harmful
  prescribing or dispensing patterns or practices under Section
  481.0762;
               (2)  an [authorized officer or member of the department
  or] authorized employee of the board engaged in the administration,
  investigation, or enforcement of this chapter or another law
  governing illicit drugs in this state or another state;
               (3)  the department or other [on behalf of a] law
  enforcement or prosecutorial official engaged in the
  administration, investigation, or enforcement of this chapter or
  another law governing illicit drugs in this state or another state,
  if the board is provided a warrant, subpoena, or other court order
  compelling the disclosure;
               (4)  a medical examiner conducting an investigation;
               (5)  provided that accessing the information is
  authorized under the Health Insurance Portability and
  Accountability Act of 1996 (Pub. L. No. 104-191) and regulations
  adopted under that Act:
                     (A)  a pharmacist or a pharmacy technician, as
  defined by Section 551.003, Occupations Code, acting at the
  direction of a pharmacist; or
                     (B)  a practitioner who:
                           (i)  is a physician, dentist, veterinarian,
  podiatrist, optometrist, or advanced practice nurse or is a
  physician assistant described by Section 481.002(39)(D) or an
  employee or other agent of a practitioner acting at the direction of
  a practitioner; and
                           (ii)  is inquiring about a recent Schedule
  II, III, IV, or V prescription history of a particular patient of
  the practitioner;
               (6)  a pharmacist or practitioner who is inquiring
  about the person's own dispensing or prescribing activity; [or]
               (7)  one or more states or an association of states with
  which the board has an interoperability agreement, as provided by
  Subsection (j); or
               (8)  the office of the attorney general conducting an
  investigation into a violation of Chapter 36, Human Resources Code.
         (f)  If the board accesses [director permits access to]
  information under Subsection (a)(2) relating to a person licensed
  or regulated by an agency listed in Subsection (a)(1), the board
  [director] shall notify and cooperate with that agency regarding
  the disposition of the matter before taking action against the
  person, unless the board [director] determines that notification is
  reasonably likely to interfere with an administrative or criminal
  investigation or prosecution.
         (g)  If the board provides [director permits] access to
  information under Subsection (a)(3) relating to a person licensed
  or regulated by an agency listed in Subsection (a)(1), the board
  [director] shall notify that agency of the disclosure of the
  information not later than the 10th working day after the date the
  information is disclosed.
         (h)  If the board [director] withholds notification to an
  agency under Subsection (f), the board [director] shall notify the
  agency of the disclosure of the information and the reason for
  withholding notification when the board [director] determines that
  notification is no longer likely to interfere with an
  administrative or criminal investigation or prosecution.
         SECTION 2.  Sections 481.076(a-3), (a-4), and (a-5), Health
  and Safety Code, are repealed.
         SECTION 3.  To the extent of any conflict, this Act prevails
  over another Act of the 86th Legislature, Regular Session, 2019,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 4.  The changes in law made by this Act apply only to
  information accessed on or after the effective date of this Act.
         SECTION 5.  This Act takes effect September 1, 2019.