Texas 2009 - 81st Regular

Texas Senate Bill SB904 Compare Versions

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1	1	S.B. No. 904
2	2
3	3
4	4	AN ACT
5	5	relating to the classification of and prescriptions issued for
6	6	certain controlled substances.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 481.074, Health and Safety Code, is
9	9	amended by adding Subsection (d-1) and amending Subsection (k) to
10	10	read as follows:
11	11	(d-1) Notwithstanding Subsection (d), a prescribing
12	12	practitioner may issue multiple prescriptions authorizing the
13	13	patient to receive a total of up to a 90-day supply of a Schedule II
14	14	controlled substance if:
15	15	(1) each separate prescription is issued for a
16	16	legitimate medical purpose by a prescribing practitioner acting in
17	17	the usual course of professional practice;
18	18	(2) the prescribing practitioner provides written
19	19	instructions on each prescription to be filled at a later date
20	20	indicating the earliest date on which a pharmacy may fill each
21	21	prescription;
22	22	(3) the prescribing practitioner concludes that
23	23	providing the patient with multiple prescriptions in this manner
24	24	does not create an undue risk of diversion or abuse; and
25	25	(4) the issuance of multiple prescriptions complies
26	26	with other applicable state and federal laws.
27	27	(k) A prescription for a controlled substance must show:
28	28	(1) the quantity of the substance prescribed:
29	29	(A) numerically, followed by the number written
30	30	as a word, if the prescription is written; or
31	31	(B) if the prescription is communicated orally or
32	32	telephonically, as transcribed by the receiving pharmacist;
33	33	(2) the date of issue;
34	34	(2-a) if the prescription is issued for a Schedule II
35	35	controlled substance to be filled at a later date under Subsection
36	36	(d-1), the earliest date on which a pharmacy may fill the
37	37	prescription;
38	38	(3) the name, address, and date of birth or age of the
39	39	patient or, if the controlled substance is prescribed for an
40	40	animal, the species of the animal and the name and address of its
41	41	owner;
42	42	(4) the name and strength of the controlled substance
43	43	prescribed;
44	44	(5) the directions for use of the controlled
45	45	substance;
46	46	(6) the intended use of the substance prescribed
47	47	unless the practitioner determines the furnishing of this
48	48	information is not in the best interest of the patient;
49	49	(7) the legibly printed or stamped name, address,
50	50	Federal Drug Enforcement Administration registration number, and
51	51	telephone number of the practitioner at the practitioner's usual
52	52	place of business;
53	53	(8) if the prescription is handwritten, the signature
54	54	of the prescribing practitioner; and
55	55	(9) if the prescribing practitioner is licensed in
56	56	this state, the practitioner's department registration number.
57	57	SECTION 2. Subsection (e), Section 481.075, Health and
58	58	Safety Code, is amended to read as follows:
59	59	(e) Each official prescription form used to prescribe a
60	60	Schedule II controlled substance must contain:
61	61	(1) information provided by the prescribing
62	62	practitioner, including:
63	63	(A) the date the prescription is written;
64	64	(B) the controlled substance prescribed;
65	65	(C) the quantity of controlled substance
66	66	prescribed, shown numerically followed by the number written as a
67	67	word;
68	68	(D) the intended use of the controlled substance
69	69	or the diagnosis for which it is prescribed and the instructions for
70	70	use of the substance;
71	71	(E) the practitioner's name, address, department
72	72	registration number, and Federal Drug Enforcement Administration
73	73	number; [and]
74	74	(F) the name, address, and date of birth or age of
75	75	the person for whom the controlled substance is prescribed; and
76	76	(G) if the prescription is issued to be filled at
77	77	a later date under Section 481.074(d-1), the earliest date on which
78	78	a pharmacy may fill the prescription;
79	79	(2) information provided by the dispensing
80	80	pharmacist, including the date the prescription is filled; and
81	81	(3) the signatures of the prescribing practitioner and
82	82	the dispensing pharmacist.
83	83	SECTION 3. Subsection (c), Section 481.0761, Health and
84	84	Safety Code, is amended to read as follows:
85	85	(c) The director by rule may:
86	86	(1) permit more than one prescription to be
87	87	administered or dispensed and recorded on one prescription form for
88	88	a Schedule III through V controlled substance;
89	89	(1-a) establish a procedure for the issuance of
90	90	multiple prescriptions of a Schedule II controlled substance under
91	91	Section 481.074(d-1);
92	92	(2) remove from or return to the official prescription
93	93	program any aspect of a practitioner's or pharmacist's hospital
94	94	practice, including administering or dispensing;
95	95	(3) waive or delay any requirement relating to the
96	96	time or manner of reporting;
97	97	(4) establish compatibility protocols for electronic
98	98	data transfer hardware, software, or format;
99	99	(5) establish a procedure to control the release of
100	100	information under Sections 481.074, 481.075, and 481.076; and
101	101	(6) establish a minimum level of prescription activity
102	102	below which a reporting activity may be modified or deleted.
103	103	SECTION 4. Subchapter B, Chapter 481, Health and Safety
104	104	Code, is amended by adding Section 481.037 to read as follows:
105	105	Sec. 481.037. CARISOPRODOL. Schedule IV includes
106	106	carisoprodol.
107	107	SECTION 5. The change in law made by this Act applies only
108	108	to the issuance of a prescription on or after the effective date of
109	109	this Act. The issuance of a prescription before the effective date
110	110	of this Act is covered by the law in effect when the prescription
111	111	was issued, and the former law is continued in effect for that
112	112	purpose.
113	113	SECTION 6. This Act takes effect immediately if it receives
114	114	a vote of two-thirds of all the members elected to each house, as
115	115	provided by Section 39, Article III, Texas Constitution. If this
116	116	Act does not receive the vote necessary for immediate effect, this
117	117	Act takes effect September 1, 2009.
118	118	______________________________ ______________________________
119	119	President of the Senate Speaker of the House
120	120	I hereby certify that S.B. No. 904 passed the Senate on
121	121	April 9, 2009, by the following vote: Yeas 31, Nays 0; and that
122	122	the Senate concurred in House amendment on May 28, 2009, by the
123	123	following vote: Yeas 31, Nays 0.
124	124	______________________________
125	125	Secretary of the Senate
126	126	I hereby certify that S.B. No. 904 passed the House, with
127	127	amendment, on May 26, 2009, by the following vote: Yeas 146,
128	128	Nays 0, one present not voting.
129	129	______________________________
130	130	Chief Clerk of the House
131	131	Approved:
132	132	______________________________
133	133	Date
134	134	______________________________
135	135	Governor