86R13446 JSC-F

By: Watson S.B. No. 1947

A BILL TO BE ENTITLED

AN ACT

relating to monitoring the ordering and distribution of controlled substances by veterinarians.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 481.0766, Health and Safety Code, is amended by adding Subsection (c) to read as follows:

(c) The board shall make the information reported under Subsection (a) available to the State Board of Veterinary Medical Examiners for the purpose of routine inspections and investigations of the controlled substance ordering and distribution practices of veterinarians registered with the federal Drug Enforcement Administration.

SECTION 2. Section 801.164, Occupations Code, is amended to read as follows:

Sec. 801.164. RISK-BASED INSPECTIONS RELATED TO CONTROLLED SUBSTANCES PRACTICES. (a) The board may conduct a risk-based inspection of a veterinarian's practice based on information obtained from the veterinarian or another source concerning the veterinarian's use, handling, prescribing, dispensing, or delivery of controlled substances.

(b) The board may use the information obtained from the Texas State Board of Pharmacy under Section 481.0766(c), Health and Safety Code, for routine inspections or investigations of the controlled substance ordering and distribution practices of license holders.

SECTION 3. Subchapter D, Chapter 801, Occupations Code, is amended by adding Section 801.165 to read as follows:

Sec. 801.165. MONITORING OF CONTROLLED SUBSTANCE ORDERING AND DISTRIBUTION PRACTICES AND PATTERNS. (a) The board shall consult with veterinarians of all practice types to create and maintain internal policies to help investigators identify veterinary controlled substance ordering or distribution practices or patterns that may be potentially harmful, abnormal in veterinary medicine, or indicative of possible drug diversion or drug abuse.

(b) If during an inspection or investigation the board suspects that a veterinarian may be engaging in ordering or distribution practices or patterns that may be potentially harmful, abnormal, or indicative of possible drug diversion or drug abuse, the board may:

(1) notify the veterinarian to request an explanation;

(2) consider the practice type of the veterinarian or animal species to which the drug is being dispensed; and

(3) evaluate whether an order is of an unusual size or frequency.

(c) The board may open a complaint against a license holder if there is evidence that the veterinarian is engaging in ordering or distribution practices or exhibits patterns that suggest possible drug diversion or drug abuse.

(d) The board may not take action against a veterinarian under this section:

(1) for participating in or conducting valid scientific research; or

(2) because the treatment provided to a specific animal is an experimental treatment provided after other conventional treatments have failed.

SECTION 4. The change in law made by this Act applies to investigations and inspections that occur on or after the effective date of this Act, regardless of whether the investigation or inspection reveals evidence of misconduct occurring before that date.

SECTION 5. This Act takes effect September 1, 2019.