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A BILL TO BE ENTITLED
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AN ACT
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relating to monitoring the ordering and distribution of controlled |
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substances by veterinarians. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.0766, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) The board shall make the information reported under |
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Subsection (a) available to the State Board of Veterinary Medical |
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Examiners for the purpose of routine inspections and investigations |
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of the controlled substance ordering and distribution practices of |
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veterinarians registered with the federal Drug Enforcement |
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Administration. |
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SECTION 2. Section 801.164, Occupations Code, is amended to |
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read as follows: |
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Sec. 801.164. RISK-BASED INSPECTIONS RELATED TO CONTROLLED |
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SUBSTANCES PRACTICES. (a) The board may conduct a risk-based |
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inspection of a veterinarian's practice based on information |
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obtained from the veterinarian or another source concerning the |
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veterinarian's use, handling, prescribing, dispensing, or delivery |
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of controlled substances. |
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(b) The board may use the information obtained from the |
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Texas State Board of Pharmacy under Section 481.0766(c), Health and |
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Safety Code, for routine inspections or investigations of the |
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controlled substance ordering and distribution practices of |
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license holders. |
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SECTION 3. Subchapter D, Chapter 801, Occupations Code, is |
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amended by adding Section 801.165 to read as follows: |
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Sec. 801.165. MONITORING OF CONTROLLED SUBSTANCE ORDERING |
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AND DISTRIBUTION PRACTICES AND PATTERNS. (a) The board shall |
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consult with veterinarians of all practice types to create and |
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maintain internal policies to help investigators identify |
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veterinary controlled substance ordering or distribution practices |
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or patterns that may be potentially harmful, abnormal in veterinary |
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medicine, or indicative of possible drug diversion or drug abuse. |
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(b) If during an inspection or investigation the board |
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suspects that a veterinarian may be engaging in ordering or |
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distribution practices or patterns that may be potentially harmful, |
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abnormal, or indicative of possible drug diversion or drug abuse, |
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the board may: |
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(1) notify the veterinarian to request an explanation; |
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(2) consider the practice type of the veterinarian or |
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animal species to which the drug is being dispensed; and |
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(3) evaluate whether an order is of an unusual size or |
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frequency. |
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(c) The board may open a complaint against a license holder |
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if there is evidence that the veterinarian is engaging in ordering |
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or distribution practices or exhibits patterns that suggest |
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possible drug diversion or drug abuse. |
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(d) The board may not take action against a veterinarian |
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under this section: |
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(1) for participating in or conducting valid |
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scientific research; or |
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(2) because the treatment provided to a specific |
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animal is an experimental treatment provided after other |
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conventional treatments have failed. |
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SECTION 4. The change in law made by this Act applies to |
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investigations and inspections that occur on or after the effective |
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date of this Act, regardless of whether the investigation or |
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inspection reveals evidence of misconduct occurring before that |
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date. |
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SECTION 5. This Act takes effect September 1, 2019. |