| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to controlled substance prescriptions under the Texas |
|
|
Controlled Substances Act; creating a criminal offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 481.003(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) The director may adopt rules to administer and enforce |
|
|
this chapter, other than Sections 481.073, 481.074, 481.075, |
|
|
481.076, 481.0761, 481.0762, 481.0763, 481.0764, 481.0765, |
|
|
481.07655, [and] 481.0766, 481.0767, and 481.0768. The board may |
|
|
adopt rules to administer Sections 481.073, 481.074, 481.075, |
|
|
481.076, 481.0761, 481.0762, 481.0763, 481.0764, 481.0765, |
|
|
481.07655, [and] 481.0766, 481.0767, and 481.0768. |
|
|
SECTION 2. Subchapter C, Chapter 481, Health and Safety |
|
|
Code, is amended by adding Sections 481.07655, 481.0767, and |
|
|
481.0768 to read as follows: |
|
|
Sec. 481.07655. LIMITATION OF LIABILITY. (a) A prescriber |
|
|
or dispenser is not liable in a civil action for damages arising |
|
|
from the failure to access prescription drug information as |
|
|
required or authorized by Section 481.0764 or failure to submit the |
|
|
information to the board as required under Section 481.074(q) or |
|
|
481.075(i), unless the failure constitutes gross negligence or |
|
|
wilful misconduct and the prescriber or dispenser would be liable |
|
|
to the claimant under other law. |
|
|
(b) This section does not establish a standard of care. |
|
|
Sec. 481.0767. CRIMINAL OFFENSE: DISCLOSURE OR USE OF |
|
|
INFORMATION. (a) A person authorized to receive information under |
|
|
Section 481.076(a) commits an offense if the person discloses or |
|
|
uses the information in a manner not authorized by this subchapter |
|
|
or other law. |
|
|
(b) An offense under this section is a Class A misdemeanor. |
|
|
Sec. 481.0768. ADMINISTRATIVE PENALTY: DISCLOSURE OR USE |
|
|
OF INFORMATION. (a) A regulatory agency that issues a license, |
|
|
certification, or registration to a prescriber or dispenser shall |
|
|
periodically update the administrative penalties, or any |
|
|
applicable disciplinary guidelines concerning the penalties, |
|
|
assessed by that agency for conduct constituting an offense under |
|
|
Section 481.0767. |
|
|
(b) The agency shall set the penalties in an amount |
|
|
sufficient to deter the conduct. |
|
|
SECTION 3. Section 554.051(a-1), Occupations Code, is |
|
|
amended to read as follows: |
|
|
(a-1) The board may adopt rules to administer Sections |
|
|
481.073, 481.074, 481.075, 481.076, 481.0761, 481.0762, 481.0763, |
|
|
481.0764, 481.0765, 481.07655, [and] 481.0766, 481.0767, and |
|
|
481.0768, Health and Safety Code. |
|
|
SECTION 4. Section 565.003, Occupations Code, is amended to |
|
|
read as follows: |
|
|
Sec. 565.003. ADDITIONAL GROUNDS FOR DISCIPLINE REGARDING |
|
|
APPLICANT FOR OR HOLDER OF NONRESIDENT PHARMACY LICENSE. Unless |
|
|
compliance would violate the pharmacy or drug statutes or rules in |
|
|
the state in which the pharmacy is located, the board may discipline |
|
|
an applicant for or the holder of a nonresident pharmacy license if |
|
|
the board finds that the applicant or license holder has failed to |
|
|
comply with: |
|
|
(1) Section 481.073, 481.074, [or] 481.075, 481.076, |
|
|
481.0761, 481.0762, 481.0763, 481.0764, 481.0765, 481.07655, |
|
|
481.0766, 481.0767, or 481.0768, Health and Safety Code; |
|
|
(2) Texas substitution requirements regarding: |
|
|
(A) the practitioner's directions concerning |
|
|
generic substitution; |
|
|
(B) the patient's right to refuse generic |
|
|
substitution; or |
|
|
(C) notification to the patient of the patient's |
|
|
right to refuse substitution; |
|
|
(3) any board rule relating to providing drug |
|
|
information to the patient or the patient's agent in written form or |
|
|
by telephone; or |
|
|
(4) any board rule adopted under Section 554.051(a) |
|
|
and determined by the board to be applicable under Section |
|
|
554.051(b). |
|
|
SECTION 5. The Texas State Board of Pharmacy shall |
|
|
implement Section 481.076(c-1), Health and Safety Code, as added by |
|
|
this Act, as soon as practicable after the effective date of this |
|
|
Act. |
|
|
SECTION 6. Not later than September 1, 2020, each |
|
|
regulatory agency that issues a license, certification, or |
|
|
registration to a prescriber or dispenser shall evaluate and update |
|
|
any administrative penalties and guidelines as provided by Section |
|
|
481.0769, Health and Safety Code, as added by this Act. |
|
|
SECTION 7. Notwithstanding Section 24, Chapter 485 (H.B. |
|
|
2561), Acts of the 85th Legislature, Regular Session, 2017, Section |
|
|
481.0764(a), Health and Safety Code, as added by that Act, applies |
|
|
only to: |
|
|
(1) a prescriber, other than a veterinarian, who issues a |
|
|
prescription for a controlled substance on or after March 1, 2020; |
|
|
or |
|
|
(2) a person authorized by law to dispense a controlled |
|
|
substance, other than a veterinarian, who dispenses a controlled |
|
|
substance on or after March 1, 2020. |
|
|
SECTION 8. This Act takes effect September 1, 2019. |