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A BILL TO BE ENTITLED
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AN ACT
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relating to controlled substance prescriptions under the Texas |
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Controlled Substances Act; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.003(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The director may adopt rules to administer and enforce |
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this chapter, other than Sections 481.073, 481.074, 481.075, |
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481.076, 481.0761, 481.0762, 481.0763, 481.0764, 481.0765, |
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481.07655, [and] 481.0766, 481.0767, 481.0768, and 481.0769. The |
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board may adopt rules to administer Sections 481.073, 481.074, |
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481.075, 481.076, 481.0761, 481.0762, 481.0763, 481.0764, |
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481.0765, 481.07655, [and] 481.0766, 481.0767, 481.0768, and |
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481.0769. |
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SECTION 2. Subchapter C, Chapter 481, Health and Safety |
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Code, is amended by adding Sections 481.07655, 481.0767, 481.0768, |
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and 481.0769 to read as follows: |
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Sec. 481.07655. LIMITATION OF LIABILITY. (a) A prescriber |
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or dispenser is not liable in a civil action for damages arising |
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from the failure to access prescription drug information as |
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required or authorized by Section 481.0764 or failure to submit the |
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information to the board as required under Section 481.074(q) or |
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481.075, unless the failure constitutes gross negligence or wilful |
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misconduct and the prescriber or dispenser would be liable to the |
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claimant under other law. |
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(b) This section does not establish a standard of care. |
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Sec. 481.0767. ADVISORY COMMITTEE. (a) The board shall |
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establish an advisory committee to make recommendations regarding |
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information submitted to the board and access to that information |
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under Sections 481.074, 481.075, 481.076, and 481.0761. |
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(b) The board shall appoint the following members to the |
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advisory committee: |
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(1) a physician licensed in this state who practices |
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in pain management; |
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(2) a physician licensed in this state who practices |
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in family medicine; |
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(3) a physician licensed in this state who performs |
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surgery; |
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(4) a physician licensed in this state who practices |
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in emergency medicine; |
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(5) a dentist licensed in this state who performs oral |
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surgery; |
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(6) a podiatrist licensed in this state; |
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(7) a physician assistant to whom a physician has |
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delegated the authority to prescribe or order a drug; |
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(8) an advanced practice registered nurse to whom a |
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physician has delegated the authority to prescribe or order a drug; |
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(9) a pharmacist working at a chain pharmacy; |
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(10) a pharmacist working at an independent pharmacy; |
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(11) a veterinarian; and |
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(12) an electronic records consultant. |
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(c) Members of the advisory committee serve three-year |
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terms. Each member shall serve until the member's replacement has |
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been appointed. |
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(d) The advisory committee shall annually elect a presiding |
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officer from its members. |
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(e) The advisory committee shall meet at least two times a |
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year and at the call of the presiding officer or the board. |
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(f) A member of the advisory committee serves without |
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compensation but may be reimbursed by the board for actual expenses |
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incurred in performing the duties of the advisory committee. |
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(g) The advisory committee is abolished and this section |
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expires on September 1, 2023. |
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Sec. 481.0768. CRIMINAL OFFENSE: DISCLOSURE OR USE OF |
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INFORMATION. (a) A person authorized to receive information under |
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Section 481.076(a) commits an offense if the person discloses or |
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uses the information in a manner not authorized by this subchapter |
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or other law. |
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(b) An offense under this section is a Class A misdemeanor. |
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Sec. 481.0769. ADMINISTRATIVE PENALTY: DISCLOSURE OR USE |
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OF INFORMATION. (a) A regulatory agency that issues a license, |
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certification, or registration to a prescriber or dispenser shall |
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periodically update the administrative penalties, or any |
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applicable disciplinary guidelines concerning the penalties, |
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assessed by that agency for conduct constituting an offense under |
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Section 481.0768(a). |
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(b) The agency shall set the penalties in an amount |
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sufficient to deter the conduct. |
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SECTION 3. Section 554.051, Occupations Code, is amended by |
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amending Subsection (a-1) and adding Subsection (a-2) to read as |
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follows: |
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(a-1) The board may adopt rules to administer Sections |
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481.073, 481.074, 481.075, 481.076, 481.0761, 481.0762, 481.0763, |
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481.0764, 481.0765, 481.07655, [and] 481.0766, 481.0768, and |
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481.0769, Health and Safety Code. |
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(a-2) The board may adopt rules to administer Section |
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481.0767, Health and Safety Code. This subsection expires |
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September 1, 2023. |
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SECTION 4. Section 565.003, Occupations Code, is amended to |
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read as follows: |
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Sec. 565.003. ADDITIONAL GROUNDS FOR DISCIPLINE REGARDING |
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APPLICANT FOR OR HOLDER OF NONRESIDENT PHARMACY LICENSE. Unless |
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compliance would violate the pharmacy or drug statutes or rules in |
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the state in which the pharmacy is located, the board may discipline |
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an applicant for or the holder of a nonresident pharmacy license if |
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the board finds that the applicant or license holder has failed to |
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comply with: |
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(1) Section 481.073, 481.074, [or] 481.075, 481.076, |
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481.0761, 481.0762, 481.0763, 481.0764, 481.0765, 481.07655, |
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481.0766, 481.0768, or 481.0769, Health and Safety Code; |
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(2) Texas substitution requirements regarding: |
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(A) the practitioner's directions concerning |
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generic substitution; |
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(B) the patient's right to refuse generic |
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substitution; or |
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(C) notification to the patient of the patient's |
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right to refuse substitution; |
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(3) any board rule relating to providing drug |
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information to the patient or the patient's agent in written form or |
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by telephone; or |
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(4) any board rule adopted under Section 554.051(a) |
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and determined by the board to be applicable under Section |
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554.051(b). |
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SECTION 5. Not later than September 1, 2020, each |
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regulatory agency that issues a license, certification, or |
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registration to a prescriber or dispenser shall evaluate and update |
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any administrative penalties and guidelines as provided by Section |
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481.0769, Health and Safety Code, as added by this Act. |
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SECTION 6. Notwithstanding Section 24, Chapter 485 (H.B. |
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2561), Acts of the 85th Legislature, Regular Session, 2017, Section |
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481.0764(a), Health and Safety Code, as added by that Act, applies |
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only to: |
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(1) a prescriber, other than a veterinarian, who |
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issues a prescription for a controlled substance on or after March |
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1, 2020; or |
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(2) a person authorized by law to dispense a |
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controlled substance, other than a veterinarian, who dispenses a |
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controlled substance on or after March 1, 2020. |
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SECTION 7. This Act takes effect September 1, 2019. |
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* * * * * |