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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 86th |
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Legislature, Regular Session, 2019, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill 3284 (the prescribing and dispensing of controlled |
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substances under the Texas Controlled Substances Act; |
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authorizing a fee; providing for administrative penalties; |
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creating criminal offenses) to consider and take action on the |
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following matters: |
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(1) Senate Rule 12.03(2) is suspended to permit the |
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committee to omit text not in disagreement by omitting SECTION 1 |
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of the house engrossment of House Bill 3284 and the corresponding |
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SECTION of the bill as the bill was amended by the senate adding |
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Section 481.0755, Health and Safety Code, which reads as follows: |
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SECTION 1. Subchapter C, Chapter 481, Health and Safety |
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Code, is amended by adding Section 481.0755 to read as follows: |
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Sec. 481.0755. WRITTEN, ORAL, AND TELEPHONICALLY |
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COMMUNICATED PRESCRIPTIONS. (a) Notwithstanding Sections |
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481.073, 481.074, and 481.075, a person prescribing or |
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dispensing a controlled substance must use the electronic |
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prescription record and may not use a written, oral, or |
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telephonically communicated prescription. |
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(b) A prescriber may issue a written, oral, or |
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telephonically communicated prescription for a controlled |
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substance as authorized under this subchapter only if the |
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prescription is issued: |
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(1) by a veterinarian; |
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(2) in circumstances in which electronic |
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prescribing is not available due to temporary technological or |
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electronic failure, as prescribed by board rule; |
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(3) by a practitioner to be dispensed by a pharmacy |
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located outside this state, as prescribed by board rule; |
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(4) when the prescriber and dispenser are the same |
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entity; |
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(5) in circumstances in which necessary elements |
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are not supported by the most recent electronic prescription drug |
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software; |
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(6) for a drug for which the United States Food and |
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Drug Administration requires additional information in the |
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prescription that is not possible with electronic prescribing; |
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(7) for a non-patient-specific prescription |
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pursuant to a standing order, approved protocol for drug therapy, |
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collaborative drug management, or comprehensive medication |
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management, in response to a public health emergency or in other |
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circumstances in which the practitioner may issue a |
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non-patient-specific prescription; |
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(8) for a drug under a research protocol; |
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(9) by a prescriber who is employed by or is |
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practicing a health care profession at a health-related |
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institution, as defined by Section 62.161, Education Code, as |
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added by Chapter 448 (H.B. 7), Acts of the 84th Legislature, |
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2015; |
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(10) by a practitioner who has received a waiver |
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under Subsection (c) from the requirement to use electronic |
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prescribing; or |
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(11) under circumstances in which the practitioner |
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has the present ability to submit an electronic prescription but |
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reasonably determines that it would be impractical for the |
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patient to obtain the drugs prescribed under the electronic |
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prescription in a timely manner and that a delay would adversely |
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impact the patient's medical condition. |
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(c) The board shall adopt rules establishing a process by |
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which a practitioner may request and receive a waiver under |
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Subsection (b)(10), not to exceed one year, from the requirement |
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to use electronic prescribing. The board shall adopt rules |
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establishing the eligibility for a waiver, including: |
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(1) economic hardship; |
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(2) technological limitations not reasonably within |
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the control of the practitioner; or |
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(3) other exceptional circumstances demonstrated by |
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the practitioner. |
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(d) A written, oral, or telephonically communicated |
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prescription must comply with the applicable requirements |
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prescribed by Sections 481.074 and 481.075. |
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(e) A dispensing pharmacist who receives a controlled |
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substance prescription in a manner other than electronically is |
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not required to verify that the prescription is exempt from the |
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requirement that it be submitted electronically. |
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(f) The board shall enforce this section. |
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Explanation: This change is necessary to avoid conflicting |
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with language in House Bill 2174 that also adds Section 481.0755, |
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Health and Safety Code. The house has concurred in the senate |
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amendments to House Bill 2174. |
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(2) Senate Rules 12.03 (1) and (2) are suspended to |
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permit the committee to change and omit text not in disagreement |
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in SECTIONS 6 and 9 of the house engrossment of House Bill 3284 |
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and the corresponding SECTIONS of the bill as the bill was |
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amended by the senate, to strike references to Section 481.0755, |
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Health and Safety Code. |
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Explanation: This change is necessary to conform |
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cross-references to the omission of proposed Section 481.0755, |
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Health and Safety Code. |
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(3) Senate Rule 12.03(2) is suspended to permit the |
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committee to omit text not in disagreement by omitting SECTION 13 |
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of the house engrossment of House Bill 3284 and the corresponding |
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SECTION of the bill as the bill was amended by the senate, which |
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reads as follows: |
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SECTION 13. Section 481.0755, Health and Safety Code, as |
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added by this Act, applies only to a prescription issued on or |
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after the effective date of this Act. |
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Explanation: This change is necessary to conform to the |
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omission of proposed Section 481.0755, Health and Safety Code. |