Texas 2009 - 81st Regular

Texas House Bill HB3962 Compare Versions

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1	1	81R9297 JSC-F
2	2	By: McReynolds H.B. No. 3962
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of controlled substances.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 481.002, Health and Safety Code, is
10	10	amended by adding Subdivision (2-a) and amending Subdivision (22)
11	11	to read as follows:
12	12	(2-a) "Board" means the Texas State Board of Pharmacy.
13	13	(22) "Immediate precursor" means a substance
14	14	designated [the director finds to be and] by rule under this chapter
15	15	[designates] as being:
16	16	(A) a principal compound commonly used or
17	17	produced primarily for use in the manufacture of a controlled
18	18	substance;
19	19	(B) a substance that is an immediate chemical
20	20	intermediary used or likely to be used in the manufacture of a
21	21	controlled substance; and
22	22	(C) a substance the control of which is necessary
23	23	to prevent, curtail, or limit the manufacture of a controlled
24	24	substance.
25	25	SECTION 2. Section 481.003(a), Health and Safety Code, is
26	26	amended to read as follows:
27	27	(a) The director may adopt rules to administer and enforce
28	28	this chapter, except that the board may adopt rules relating to the
29	29	issuance of prescriptions and information submitted in connection
30	30	with those prescriptions. The department and the board by rule
31	31	shall adopt a memorandum of understanding outlining the
32	32	responsibilities of each agency in regulating controlled
33	33	substances under this chapter.
34	34	SECTION 3. Section 481.034(h), Health and Safety Code, is
35	35	amended to read as follows:
36	36	(h) Not later than the 10th day after the date on which the
37	37	commissioner designates, deletes, or reschedules a substance under
38	38	Subsection (a), the commissioner shall give written notice of that
39	39	action to the director, the board, and [to] each state licensing
40	40	agency having jurisdiction over practitioners.
41	41	SECTION 4. Section 481.064(c), Health and Safety Code, is
42	42	amended to read as follows:
43	43	(c) The director shall deposit the collected fees to the
44	44	credit of the [operator's and chauffeur's license account in the]
45	45	general revenue fund. The fees may be used only by the department
46	46	and the board in the administration or enforcement of this
47	47	subchapter.
48	48	SECTION 5. Section 481.074, Health and Safety Code, is
49	49	amended by amending Subsections (b), (c), (d), (f), (k), (p), and
50	50	(q), and reenacting and amending Subsection (o), as amended by
51	51	Chapters 349 (S.B. 1188) and 1345 (S.B. 410), Acts of the 79th
52	52	Legislature, Regular Session, 2005, to read as follows:
53	53	(b) Except in an emergency as defined by rule of the board
54	54	[director] or as provided by Subsection (o) [or Section 481.075(j)
55	55	or (m)], a person may not dispense or administer a controlled
56	56	substance listed in Schedule II without the written prescription of
57	57	a practitioner [on an official prescription form that meets the
58	58	requirements of and is completed by the practitioner in accordance
59	59	with Section 481.075]. In an emergency, a person may dispense or
60	60	administer a controlled substance listed in Schedule II on the oral
61	61	or telephonically communicated prescription of a practitioner. The
62	62	person who administers or dispenses the substance shall:
63	63	(1) if the person is a prescribing practitioner or a
64	64	pharmacist, promptly comply with Subsection (c); or
65	65	(2) if the person is not a prescribing practitioner or
66	66	a pharmacist, promptly write the oral or telephonically
67	67	communicated prescription and include in the written record of the
68	68	prescription the name, address, [department registration number,]
69	69	and Federal Drug Enforcement Administration number of the
70	70	prescribing practitioner[, all information required to be provided
71	71	by a practitioner under Section 481.075(e)(1), and all information
72	72	required to be provided by a dispensing pharmacist under Section
73	73	481.075(e)(2)].
74	74	(c) Not later than the seventh day after the date a
75	75	prescribing practitioner authorizes an emergency oral or
76	76	telephonically communicated prescription, the prescribing
77	77	practitioner shall cause a written prescription[, completed in the
78	78	manner required by Section 481.075,] to be delivered in person or
79	79	mailed to the dispensing pharmacist at the pharmacy where the
80	80	prescription was dispensed. The envelope of a prescription
81	81	delivered by mail must be postmarked not later than the seventh day
82	82	after the date the prescription was authorized. [On receipt of the
83	83	prescription, the dispensing pharmacy shall file the transcription
84	84	of the telephonically communicated prescription and the pharmacy
85	85	copy and shall send information to the director as required by
86	86	Section 481.075.]
87	87	(d) Except as specified in Subsections (e) and (f), the
88	88	board [director], by rule and in consultation with the Texas
89	89	Medical Board and the department [Texas State Board of Pharmacy],
90	90	shall establish the period after the date on which the prescription
91	91	is issued that a person may fill a prescription for a controlled
92	92	substance listed in Schedule II. A person may not refill a
93	93	prescription for a substance listed in Schedule II.
94	94	(f) A prescription for a Schedule II controlled substance
95	95	written for a patient in a long-term care facility (LTCF) or for a
96	96	patient with a medical diagnosis documenting a terminal illness may
97	97	be filled in partial quantities to include individual dosage units.
98	98	If there is any question about whether a patient may be classified
99	99	as having a terminal illness, the pharmacist must contact the
100	100	practitioner before partially filling the prescription. Both the
101	101	pharmacist and the practitioner have a corresponding
102	102	responsibility to assure that the controlled substance is for a
103	103	terminally ill patient. The pharmacist must record [the
104	104	prescription on an official prescription form and must indicate] on
105	105	the prescription [form] whether the patient is "terminally ill" or
106	106	an "LTCF patient." A prescription that is partially filled and does
107	107	not contain the notation "terminally ill" or "LTCF patient" is
108	108	considered to have been filled in violation of this chapter. For
109	109	each partial filling, the dispensing pharmacist shall record on the
110	110	back of the [official] prescription [form] the date of the partial
111	111	filling, the quantity dispensed, the remaining quantity authorized
112	112	to be dispensed, and the identification of the dispensing
113	113	pharmacist. Before any subsequent partial filling, the pharmacist
114	114	must determine that the additional partial filling is necessary.
115	115	The total quantity of Schedule II controlled substances dispensed
116	116	in all partial fillings may not exceed the total quantity
117	117	prescribed. Schedule II prescriptions for patients in a long-term
118	118	care facility or patients with a medical diagnosis documenting a
119	119	terminal illness are valid for a period not to exceed 60 days
120	120	following the issue date unless sooner terminated by discontinuance
121	121	of the medication.
122	122	(k) A prescription for a controlled substance must show:
123	123	(1) the quantity of the substance prescribed:
124	124	(A) numerically, followed by the number written
125	125	as a word, if the prescription is written; or
126	126	(B) if the prescription is communicated orally or
127	127	telephonically, as transcribed by the receiving pharmacist;
128	128	(2) the date of issue;
129	129	(3) the name, address, and date of birth or age of the
130	130	patient or, if the controlled substance is prescribed for an
131	131	animal, the species of the animal and the name and address of its
132	132	owner;
133	133	(4) the name and strength of the controlled substance
134	134	prescribed;
135	135	(5) the directions for use of the controlled
136	136	substance;
137	137	(6) the intended use of the substance prescribed
138	138	unless the practitioner determines the furnishing of this
139	139	information is not in the best interest of the patient;
140	140	(7) the legibly printed or stamped name, address,
141	141	Federal Drug Enforcement Administration registration number, and
142	142	telephone number of the practitioner at the practitioner's usual
143	143	place of business; and
144	144	(8) if the prescription is handwritten, the signature
145	145	of the prescribing practitioner[; and
146	146	[(9) if the prescribing practitioner is licensed in
147	147	this state, the practitioner's department registration number].
148	148	(o) A pharmacist may dispense a Schedule II controlled
149	149	substance pursuant to a facsimile copy of a [an official]
150	150	prescription completed in the manner required by board rule
151	151	[Section 481.075] and transmitted by the practitioner or the
152	152	practitioner's agent to the pharmacy if:
153	153	(1) the prescription is written for:
154	154	(A) a Schedule II narcotic or nonnarcotic
155	155	substance for a patient in a long-term care facility (LTCF), and the
156	156	practitioner notes on the prescription "LTCF patient";
157	157	(B) a Schedule II narcotic product to be
158	158	compounded for the direct administration to a patient by
159	159	parenteral, intravenous, intramuscular, subcutaneous, or
160	160	intraspinal infusion; or
161	161	(C) a Schedule II narcotic substance for a
162	162	patient with a medical diagnosis documenting a terminal illness or
163	163	a patient enrolled in a hospice care program certified or paid for
164	164	by Medicare under Title XVIII, Social Security Act (42 U.S.C.
165	165	Section 1395 et seq.), as amended, by Medicaid, or by a hospice
166	166	program that is licensed under Chapter 142, and the practitioner or
167	167	the practitioner's agent notes on the prescription "terminally ill"
168	168	or "hospice patient"; and
169	169	(2) after transmitting the prescription, the
170	170	prescribing practitioner or the practitioner's agent:
171	171	(A) writes across the face of the [official]
172	172	prescription "VOID--sent by fax to (name and telephone number of
173	173	receiving pharmacy)"; and
174	174	(B) files the [official] prescription in the
175	175	patient's medical records instead of delivering it to the patient.
176	176	(p) On receipt of the prescription, the dispensing pharmacy
177	177	shall file the facsimile copy of the prescription and shall send
178	178	information relating to the prescription to the board [director] as
179	179	required by board rule [Section 481.075].
180	180	(q) Each dispensing pharmacist shall send all information
181	181	required by the board [director], including any information
182	182	required to complete the Schedule III through V prescription forms,
183	183	to the board [director] by electronic transfer or another form
184	184	approved by the board [director] not later than the 15th day after
185	185	the last day of the month in which the prescription is completely
186	186	filled. The board shall submit any information received under this
187	187	section to the director on request.
188	188	SECTION 6. Section 481.076, Health and Safety Code, is
189	189	amended to read as follows:
190	190	Sec. 481.076. [OFFICIAL] PRESCRIPTION INFORMATION. (a)
191	191	The board [director] may not permit any person to have access to
192	192	information submitted to the board [director] under Section
193	193	481.074(q) [or 481.075] except:
194	194	(1) an investigator for the Texas Medical Board, the
195	195	Texas State Board of Podiatric Medical Examiners, the State Board
196	196	of Dental Examiners, or the State Board of Veterinary Medical
197	197	Examiners[, or the Texas State Board of Pharmacy];
198	198	(2) an authorized officer or member of the department
199	199	engaged in the administration, investigation, or enforcement of
200	200	this chapter or another law governing illicit drugs in this state or
201	201	another state; [or]
202	202	(3) if the board [director] finds that proper need has
203	203	been shown to the board, [director:
204	204	[(A)] a law enforcement or prosecutorial
205	205	official engaged in the administration, investigation, or
206	206	enforcement of this chapter or another law governing illicit drugs
207	207	in this state or another state;
208	208	(4) [(B)] a pharmacist or practitioner who is a
209	209	physician, dentist, veterinarian, podiatrist, or advanced practice
210	210	nurse or physician assistant described by Section 481.002(39)(D)
211	211	and is inquiring about a recent Schedule II, III, IV, or V
212	212	prescription history of a particular patient of the practitioner;
213	213	or
214	214	(5) [(C)] a pharmacist or practitioner who is
215	215	inquiring about the person's own dispensing or prescribing
216	216	activity.
217	217	(b) This section does not prohibit the board [director] from
218	218	creating, using, or disclosing statistical data about information
219	219	received by the board [director] under this section if the board
220	220	[director] removes any information reasonably likely to reveal the
221	221	identity of each patient, practitioner, or other person who is a
222	222	subject of the information.
223	223	(c) The board [director] by rule shall design and implement
224	224	a system for submission of information to the board [director] by
225	225	electronic or other means and for retrieval of information
226	226	submitted to the board [director] under this section and Section
227	227	[Sections] 481.074 [and 481.075]. The board [director] shall use
228	228	automated information security techniques and devices to preclude
229	229	improper access to the information. The board [director] shall
230	230	submit the system design to the director [Texas State Board of
231	231	Pharmacy] and the Texas Medical Board for review and approval or
232	232	comment a reasonable time before implementation of the system and
233	233	shall comply with the comments of those agencies unless it is
234	234	unreasonable to do so.
235	235	(d) Information submitted to the board [director] under
236	236	this section shall be released to the department upon request and
237	237	may be used by the department or the board only for:
238	238	(1) the administration, investigation, or enforcement
239	239	of this chapter or another law governing illicit drugs in this state
240	240	or another state;
241	241	(2) investigatory or evidentiary purposes in
242	242	connection with the functions of an agency listed in Subsection
243	243	(a)(1); or
244	244	(3) dissemination [by the director] to the public in
245	245	the form of a statistical tabulation or report if all information
246	246	reasonably likely to reveal the identity of each patient,
247	247	practitioner, or other person who is a subject of the information
248	248	has been removed.
249	249	(e) The board [director] shall remove from the information
250	250	retrieval system, destroy, and make irretrievable the record of the
251	251	identity of a patient submitted under this section to the board
252	252	[director] not later than the end of the 12th calendar month after
253	253	the month in which the identity is entered into the system.
254	254	However, the board or the director may retain a patient identity
255	255	that is necessary for use in a specific ongoing investigation
256	256	conducted by the department in accordance with this section until
257	257	the 30th day after the end of the month in which the necessity for
258	258	retention of the identity ends.
259	259	(f) If the board or the director permits access to
260	260	information under Subsection (a)(2) relating to a person licensed
261	261	or regulated by an agency listed in Subsection (a)(1), the director
262	262	shall notify and cooperate with that agency regarding the
263	263	disposition of the matter before taking action against the person,
264	264	unless the director determines that notification is reasonably
265	265	likely to interfere with an administrative or criminal
266	266	investigation or prosecution.
267	267	(g) If the board or the director permits access to
268	268	information under Subsection (a)(3) [(a)(3)(A)] relating to a
269	269	person licensed or regulated by an agency listed in Subsection
270	270	(a)(1), the board or the director shall notify that agency of the
271	271	disclosure of the information not later than the 10th working day
272	272	after the date the information is disclosed.
273	273	(h) If the board or the director withholds notification to
274	274	an agency under Subsection (f), the board or the director shall
275	275	notify the agency of the disclosure of the information and the
276	276	reason for withholding notification when the director determines
277	277	that notification is no longer likely to interfere with an
278	278	administrative or criminal investigation or prosecution.
279	279	(i) Information submitted to the board or the director under
280	280	Section 481.074(q) [481.075] is confidential and remains
281	281	confidential regardless of whether the board or the director
282	282	permits access to the information under this section.
283	283	SECTION 7. Sections 481.0761(a), (c), and (e), Health and
284	284	Safety Code, are amended to read as follows:
285	285	(a) The board [director] shall consult with the director and
286	286	the Texas Medical [State] Board [of Pharmacy] and by rule establish
287	287	and revise as necessary a standardized database format that may be
288	288	used by a pharmacy to transmit the information required by Sections
289	289	481.074 [481.074(q)] and 481.076 [481.075(i)] to the board
290	290	[director] electronically or to deliver the information on storage
291	291	media, including disks, tapes, and cassettes.
292	292	(c) The board [director] by rule may:
293	293	(1) permit more than one prescription to be
294	294	administered or dispensed and recorded on one prescription form for
295	295	a Schedule III through V controlled substance;
296	296	(2) [remove from or return to the official
297	297	prescription program any aspect of a practitioner's or pharmacist's
298	298	hospital practice, including administering or dispensing;
299	299	[(3)] waive or delay any requirement relating to the
300	300	time or manner of reporting;
301	301	(3) [(4)] establish compatibility protocols for
302	302	electronic data transfer hardware, software, or format;
303	303	(4) [(5)] establish a procedure to control the release
304	304	of information under Sections 481.074[, 481.075,] and 481.076; and
305	305	(5) [(6)] establish a minimum level of prescription
306	306	activity below which a reporting activity may be modified or
307	307	deleted.
308	308	(e) In adopting a rule relating to the electronic transfer
309	309	of information under this subchapter, the board [director] shall
310	310	consider the economic impact of the rule on practitioners and
311	311	pharmacists and, to the extent permitted by law, act to minimize any
312	312	negative economic impact, including the imposition of costs related
313	313	to computer hardware or software or to the transfer of
314	314	information. The board [director] may not adopt a rule relating to
315	315	the electronic transfer of information under this subchapter that
316	316	imposes a fee in addition to the fees authorized by Section 481.064.
317	317	SECTION 8. Section 481.127(a), Health and Safety Code, is
318	318	amended to read as follows:
319	319	(a) A person commits an offense if the person knowingly
320	320	gives, permits, or obtains unauthorized access to information
321	321	submitted to the board [director] under Section 481.074 [481.075].
322	322	SECTION 9. Section 481.128(a), Health and Safety Code, is
323	323	amended to read as follows:
324	324	(a) A registrant or dispenser commits an offense if the
325	325	registrant or dispenser knowingly:
326	326	(1) distributes, delivers, administers, or dispenses
327	327	a controlled substance in violation of Sections 481.070-481.074
328	328	[481.070-481.075];
329	329	(2) manufactures a controlled substance not
330	330	authorized by the person's registration or distributes or dispenses
331	331	a controlled substance not authorized by the person's registration
332	332	to another registrant or other person;
333	333	(3) refuses or fails to make, keep, or furnish a
334	334	record, report, notification, order form, statement, invoice, or
335	335	information required by this chapter;
336	336	(4) prints, manufactures, possesses, or produces an
337	337	official prescription form without the approval of the director;
338	338	(5) delivers or possesses a counterfeit official
339	339	prescription form;
340	340	(6) refuses an entry into a premise for an inspection
341	341	authorized by this chapter;
342	342	(7) [refuses or fails to return an official
343	343	prescription form as required by Section 481.075(k);
344	344	[(8)] refuses or fails to make, keep, or furnish a
345	345	record, report, notification, order form, statement, invoice, or
346	346	information required by a rule adopted by the director; or
347	347	(8) [(9)] refuses or fails to maintain security
348	348	required by this chapter or a rule adopted under this chapter.
349	349	SECTION 10. Section 552.118, Government Code, is amended to
350	350	read as follows:
351	351	Sec. 552.118. EXCEPTION: [OFFICIAL] PRESCRIPTION
352	352	INFORMATION [FORM]. Information is excepted from the requirements
353	353	of Section 552.021 if it is:
354	354	(1) information on or derived from an official
355	355	prescription form filed with the director of the Department of
356	356	Public Safety under Section 481.075, Health and Safety Code, as
357	357	that section existed before September 1, 2010; or
358	358	(2) other information collected under Section
359	359	481.074(q) or 481.075, Health and Safety Code, as that section
360	360	existed before September 1, 2010 [of that code].
361	361	SECTION 11. Section 565.003(b), Occupations Code, is
362	362	amended to read as follows:
363	363	(b) Unless compliance would violate the pharmacy or drug
364	364	statutes or rules in the state in which the pharmacy is located the
365	365	board may discipline an applicant for or the holder of a Class E
366	366	pharmacy license if the board finds that the applicant or license
367	367	holder has failed to comply with:
368	368	(1) Section 481.074 [or 481.075], Health and Safety
369	369	Code;
370	370	(2) Texas substitution requirements regarding:
371	371	(A) the practitioner's directions concerning
372	372	generic substitution;
373	373	(B) the patient's right to refuse generic
374	374	substitution; or
375	375	(C) notification to the patient of the patient's
376	376	right to refuse substitution;
377	377	(3) any board rule relating to providing drug
378	378	information to the patient or the patient's agent in written form or
379	379	by telephone; or
380	380	(4) any board rule adopted under Section 554.051(a)
381	381	and determined by the board to be applicable under Section
382	382	554.051(b).
383	383	SECTION 12. The following provisions are repealed:
384	384	(1) Section 481.002(47), Health and Safety Code;
385	385	(2) Section 481.075, Health and Safety Code;
386	386	(3) Sections 481.0761(b), (d), and (f), Health and
387	387	Safety Code;
388	388	(4) Subchapter H, Chapter 481, Health and Safety Code;
389	389	(5) Section 157.059(c), Occupations Code; and
390	390	(6) Sections 7 and 8, Chapter 1391 (S.B. 1879), Acts of
391	391	the 80th Legislature, Regular Session, 2007.
392	392	SECTION 13. (a) An advisory committee is created to advise
393	393	the Texas State Board of Pharmacy on the implementation of this Act.
394	394	(b) The advisory committee is composed of:
395	395	(1) the executive director of the Texas State Board of
396	396	Pharmacy or the executive director's designee;
397	397	(2) the public safety director of the Department of
398	398	Public Safety or the director's designee;
399	399	(3) a physician appointed by the governor;
400	400	(4) a pharmacist appointed by the governor;
401	401	(5) a physician appointed by the lieutenant governor;
402	402	(6) a pharmacist appointed by the lieutenant governor;
403	403	(7) a physician appointed by the governor from a list
404	404	of names submitted by the speaker of the house of representatives;
405	405	(8) a pharmacist appointed by the governor from a list
406	406	of names submitted by the speaker of the house of representatives;
407	407	and
408	408	(9) one member from each of the following boards:
409	409	(A) the Texas Medical Board;
410	410	(B) the Texas State Board of Pharmacy;
411	411	(C) the State Board of Dental Examiners; and
412	412	(D) the Texas Board of Nursing.
413	413	(c) The executive director of the Texas State Board of
414	414	Pharmacy or the executive director's designee is the presiding
415	415	officer of the advisory committee. The committee shall meet at the
416	416	call of the presiding officer or at the request of any three members
417	417	other than the presiding officer.
418	418	(d) The advisory committee shall:
419	419	(1) develop recommendations regarding the
420	420	implementation of an electronic controlled substance monitoring
421	421	system that would be used for prescriptions of controlled
422	422	substances listed in Schedule II through V as established under
423	423	Subchapter B, Chapter 481, Health and Safety Code;
424	424	(2) develop recommendations as to which data should be
425	425	provided to the Texas State Board of Pharmacy to support a
426	426	controlled substance monitoring system recommended under
427	427	Subdivision (1), including provider identification information;
428	428	(3) monitor and develop recommendations regarding the
429	429	implementation and enforcement of a controlled substance
430	430	monitoring system recommended under Subdivision (1);
431	431	(4) develop recommended procedures necessary for
432	432	real-time point-of-service access for a practitioner authorized to
433	433	prescribe or dispense controlled substances listed in Schedule II
434	434	through V to enable the practitioner to obtain:
435	435	(A) the prescription history for a particular
436	436	patient; or
437	437	(B) the practitioner's own dispensing or
438	438	prescribing activity; and
439	439	(5) develop recommended procedures that should be
440	440	followed by the Texas State Board of Pharmacy and the applicable
441	441	licensing authority of this state, another state, or the United
442	442	States when:
443	443	(A) the Texas State Board of Pharmacy shares
444	444	information related to the diversion of controlled substances with
445	445	a licensing authority for the purpose of licensing enforcement; or
446	446	(B) a licensing authority shares information
447	447	related to diversion of controlled substances with the department
448	448	for the purpose of criminal enforcement.
449	449	(e) The executive director or the executive director's
450	450	designee of the Texas State Board of Pharmacy shall report the
451	451	recommendations developed under Subsection (d) of this section to
452	452	the governor, the lieutenant governor, speaker of the house of
453	453	representatives, and appropriate committees of the senate and the
454	454	house of representatives not later than July 1, 2011.
455	455	(f) This section expires and the advisory committee is
456	456	abolished on September 1, 2011.
457	457	SECTION 14. (a) The Department of Public Safety, Texas
458	458	Medical Board, Texas State Board of Pharmacy, State Board of Dental
459	459	Examiners, and Texas Board of Nursing shall submit to the presiding
460	460	officers of the Senate Committee on Health and Human Services and
461	461	the House Committee on Public Health a report that details the
462	462	number and type of actions relating to the prosecution of
463	463	violations of Chapter 481, Health and Safety Code, as amended by
464	464	this Act.
465	465	(b) Each agency shall submit its initial report under
466	466	Subsection (a) of this section not later than November 1, 2009.
467	467	Each agency shall submit an update of its initial report not later
468	468	than May 1 and November 1 of each year.
469	469	(c) This section expires November 1, 2013.
470	470	SECTION 15. (a) The Texas State Board of Pharmacy and the
471	471	public safety director of the Department of Public Safety shall
472	472	enter into the memorandum of understanding required by Section
473	473	481.003, Health and Safety Code, as amended by this Act, not later
474	474	than January 1, 2010.
475	475	(b) The Texas State Board of Pharmacy shall adopt any rules
476	476	required by Chapter 481, Health and Safety Code, as amended by this
477	477	Act, not later than September 1, 2010.
478	478	(c) Not later than September 1, 2010, the Department of
479	479	Public Safety shall transfer the records received under Sections
480	480	481.074, 481.076, and 481.0761, Health and Safety Code, to the
481	481	Texas State Board of Pharmacy.
482	482	(d) A rule, form, policy, procedure, or decision adopted
483	483	under Chapter 481, Health and Safety Code, as it existed before
484	484	amendment by this Act, continues in effect as a rule, form, policy,
485	485	procedure, or decision and remains in effect until amended or
486	486	replaced.
487	487	(e) A reference in law or an administrative rule to the
488	488	public safety director of the Department of Public Safety relating
489	489	to rulemaking authority given and duties transferred to the Texas
490	490	State Board of Pharmacy by this Act is a reference to the Texas
491	491	State Board of Pharmacy.
492	492	SECTION 16. The changes in law made by this Act in amending
493	493	Sections 481.074, 481.076, and 481.127, Health and Safety Code, and
494	494	in repealing Sections 481.002(47) and 481.075, Health and Safety
495	495	Code, and Section 157.059(c), Occupations Code, take effect
496	496	September 1, 2010.
497	497	SECTION 17. Except as otherwise provided by this Act, this
498	498	Act takes effect September 1, 2009.