Texas 2011 - 82nd Regular

Texas Senate Bill SB1273 Compare Versions

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1	1	By: Williams S.B. No. 1273
2	2	(Hamilton, Gallego, Coleman, Hartnett, Christian, et al.)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the lawful manufacture, distribution, and possession of
8	8	and prescriptions for controlled substances under the Texas
9	9	Controlled Substances Act.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 481.061, Health and Safety Code, is
12	12	amended by adding Subsection (d) to read as follows:
13	13	(d) A person shall provide the department with the person's
14	14	Federal Drug Enforcement Administration number not later than the
15	15	45th day after the director issues a registration to the person
16	16	under this subchapter.
17	17	SECTION 2. Subsections (b), (k), and (q), Section 481.074,
18	18	Health and Safety Code, are amended to read as follows:
19	19	(b) Except in an emergency as defined by rule of the
20	20	director or as provided by Subsection (o) or Section 481.075(j) or
21	21	(m), a person may not dispense or administer a controlled substance
22	22	listed in Schedule II without the written prescription of a
23	23	practitioner on an official prescription form that meets the
24	24	requirements of and is completed by the practitioner in accordance
25	25	with Section 481.075. In an emergency, a person may dispense or
26	26	administer a controlled substance listed in Schedule II on the oral
27	27	or telephonically communicated prescription of a practitioner. The
28	28	person who administers or dispenses the substance shall:
29	29	(1) if the person is a prescribing practitioner or a
30	30	pharmacist, promptly comply with Subsection (c); or
31	31	(2) if the person is not a prescribing practitioner or
32	32	a pharmacist, promptly write the oral or telephonically
33	33	communicated prescription and include in the written record of the
34	34	prescription the name, address, [department registration number,]
35	35	and Federal Drug Enforcement Administration number issued for
36	36	prescribing a controlled substance in this state of the prescribing
37	37	practitioner, all information required to be provided by a
38	38	practitioner under Section 481.075(e)(1), and all information
39	39	required to be provided by a dispensing pharmacist under Section
40	40	481.075(e)(2).
41	41	(k) A prescription for a controlled substance must show:
42	42	(1) the quantity of the substance prescribed:
43	43	(A) numerically, followed by the number written
44	44	as a word, if the prescription is written; or
45	45	(B) if the prescription is communicated orally or
46	46	telephonically, as transcribed by the receiving pharmacist;
47	47	(2) the date of issue;
48	48	(2-a) if the prescription is issued for a Schedule II
49	49	controlled substance to be filled at a later date under Subsection
50	50	(d-1), the earliest date on which a pharmacy may fill the
51	51	prescription;
52	52	(3) the name, address, and date of birth or age of the
53	53	patient or, if the controlled substance is prescribed for an
54	54	animal, the species of the animal and the name and address of its
55	55	owner;
56	56	(4) the name and strength of the controlled substance
57	57	prescribed;
58	58	(5) the directions for use of the controlled
59	59	substance;
60	60	(6) the intended use of the substance prescribed
61	61	unless the practitioner determines the furnishing of this
62	62	information is not in the best interest of the patient;
63	63	(7) the legibly printed or stamped name, address,
64	64	Federal Drug Enforcement Administration [registration] number, and
65	65	telephone number of the practitioner at the practitioner's usual
66	66	place of business; and
67	67	(8) if the prescription is handwritten, the signature
68	68	of the prescribing practitioner[; and
69	69	[(9) if the prescribing practitioner is licensed in
70	70	this state, the practitioner's department registration number].
71	71	(q) Each dispensing pharmacist shall send all information
72	72	required by the director, including any information required to
73	73	complete the Schedule III through V prescription forms, to the
74	74	director by electronic transfer or another form approved by the
75	75	director not later than the seventh [15th] day after the date [last
76	76	day of the month in which] the prescription is completely filled.
77	77	SECTION 3. Subsections (e) and (i), Section 481.075, Health
78	78	and Safety Code, are amended to read as follows:
79	79	(e) Each official prescription form used to prescribe a
80	80	Schedule II controlled substance must contain:
81	81	(1) information provided by the prescribing
82	82	practitioner, including:
83	83	(A) the date the prescription is written;
84	84	(B) the controlled substance prescribed;
85	85	(C) the quantity of controlled substance
86	86	prescribed, shown numerically followed by the number written as a
87	87	word;
88	88	(D) the intended use of the controlled substance
89	89	or the diagnosis for which it is prescribed and the instructions for
90	90	use of the substance;
91	91	(E) the practitioner's name, address,
92	92	[department registration number,] and Federal Drug Enforcement
93	93	Administration number issued for prescribing a controlled
94	94	substance in this state;
95	95	(F) the name, address, and date of birth or age of
96	96	the person for whom the controlled substance is prescribed; and
97	97	(G) if the prescription is issued to be filled at
98	98	a later date under Section 481.074(d-1), the earliest date on which
99	99	a pharmacy may fill the prescription;
100	100	(2) information provided by the dispensing
101	101	pharmacist, including the date the prescription is filled; and
102	102	(3) the signatures of the prescribing practitioner and
103	103	the dispensing pharmacist.
104	104	(i) Each dispensing pharmacist shall:
105	105	(1) fill in on the official prescription form each
106	106	item of information given orally to the dispensing pharmacy under
107	107	Subsection (h), the date the prescription is filled, and the
108	108	dispensing pharmacist's signature;
109	109	(2) retain with the records of the pharmacy for at
110	110	least two years:
111	111	(A) the official prescription form; and
112	112	(B) the name or other patient identification
113	113	required by Section 481.074(m) or (n); and
114	114	(3) send all information required by the director,
115	115	including any information required to complete an official
116	116	prescription form, to the director by electronic transfer or
117	117	another form approved by the director not later than the seventh
118	118	[15th] day after the date [last day of the month in which] the
119	119	prescription is completely filled.
120	120	SECTION 4. Subsections (a) and (i), Section 481.076, Health
121	121	and Safety Code, are amended to read as follows:
122	122	(a) The director may not permit any person to have access to
123	123	information submitted to the director under Section 481.074(q) or
124	124	481.075 except:
125	125	(1) an investigator for the Texas Medical Board, the
126	126	Texas State Board of Podiatric Medical Examiners, the State Board
127	127	of Dental Examiners, the State Board of Veterinary Medical
128	128	Examiners, the Texas Board of Nursing, or the Texas State Board of
129	129	Pharmacy;
130	130	(2) an authorized officer or member of the department
131	131	engaged in the administration, investigation, or enforcement of
132	132	this chapter or another law governing illicit drugs in this state or
133	133	another state; or
134	134	(3) if the director finds that proper need has been
135	135	shown to the director:
136	136	(A) a law enforcement or prosecutorial official
137	137	engaged in the administration, investigation, or enforcement of
138	138	this chapter or another law governing illicit drugs in this state or
139	139	another state;
140	140	(B) a pharmacist or practitioner who is a
141	141	physician, dentist, veterinarian, podiatrist, or advanced practice
142	142	nurse or physician assistant described by Section 481.002(39)(D)
143	143	and is inquiring about a recent Schedule II, III, IV, or V
144	144	prescription history of a particular patient of the practitioner;
145	145	or
146	146	(C) a pharmacist or practitioner who is inquiring
147	147	about the person's own dispensing or prescribing activity.
148	148	(i) Information submitted to the director under Section
149	149	481.074(q) or 481.075 is confidential and remains confidential
150	150	regardless of whether the director permits access to the
151	151	information under this section.
152	152	SECTION 5. Notwithstanding Section 481.061, Health and
153	153	Safety Code, as amended by this Act, a person who holds a valid
154	154	registration under Subchapter C, Chapter 481, Health and Safety
155	155	Code, on the effective date of this Act is not required to submit
156	156	the person's Federal Drug Enforcement Administration number to the
157	157	Department of Public Safety of the State of Texas before October 15,
158	158	2011.
159	159	SECTION 6. Sections 481.074 and 481.075, Health and Safety
160	160	Code, as amended by this Act, apply only to a prescription
161	161	completely filled on or after the effective date of this Act. A
162	162	prescription partially or completely filled before the effective
163	163	date of this Act is covered by the law as it existed immediately
164	164	before that date, and the former law is continued in effect for that
165	165	purpose.
166	166	SECTION 7. This Act takes effect September 1, 2011.