By: Schwertner S.B. No. 195
A BILL TO BE ENTITLED
AN ACT
relating to prescriptions for certain controlled substances,
access to information about those prescriptions, and the duties of
prescribers and other entities registered with the Federal Drug
Enforcement Administration; authorizing fees; amending provisions
subject to a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.118, Government Code, is amended to
read as follows:
Sec. 552.118. EXCEPTION: CONFIDENTIALITY OF OFFICIAL
PRESCRIPTION PROGRAM INFORMATION. Information is excepted from the
requirements of Section 552.021 if it is:
(1) information on or derived from an official
prescription form or electronic prescription record filed with the
Texas State Board of Pharmacy [director of the Department of Public
Safety] under Section 481.075, Health and Safety Code; or
(2) other information collected under Section 481.075
of that code.
SECTION 2. Section 481.002, Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended by amending Subdivisions (4) and (45) and
adding Subdivision (56) to read as follows:
(4) "Controlled premises" means:
(A) a place where original or other records or
documents required under this chapter are kept or are required to be
kept; or
(B) a place, including a factory, warehouse,
other establishment, or conveyance, where a person registered under
this chapter may lawfully hold, manufacture, distribute, dispense,
administer, possess, or otherwise dispose of a controlled substance
or other item governed by the federal Controlled Substances Act (21
U.S.C. Section 801 et seq.) [this chapter], including a chemical
precursor and a chemical laboratory apparatus.
(45) "Registrant" means a person who has a current
Federal Drug Enforcement Administration registration number [is
registered under Section 481.063].
(56) "Board" means the Texas State Board of Pharmacy.
SECTION 3. Section 481.003(a), Health and Safety Code, is
amended to read as follows:
(a) The director may adopt rules to administer and enforce
this chapter, other than Sections 481.075, 481.076, and 481.0761.
The board may adopt rules to administer Sections 481.075, 481.076,
and 481.0761.
SECTION 4. The heading to Section 481.061, Health and
Safety Code, is amended to read as follows:
Sec. 481.061. FEDERAL REGISTRATION REQUIRED.
SECTION 5. Sections 481.061(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) Except as otherwise provided by this chapter, a person
who is not registered with the Federal Drug Enforcement
Administration [a registrant] may not manufacture, distribute,
prescribe, possess, analyze, or dispense a controlled substance in
this state.
(b) A person who is registered with [by] the Federal Drug
Enforcement Administration [director] to manufacture, distribute,
analyze, dispense, or conduct research with a controlled substance
may possess, manufacture, distribute, analyze, dispense, or
conduct research with that substance to the extent authorized by
the person's registration and in conformity with this chapter.
SECTION 6. Section 481.067(a), Health and Safety Code, is
amended to read as follows:
(a) A person who is registered with the Federal Drug
Enforcement Administration to manufacture, distribute, analyze, or
dispense a controlled substance shall keep records and maintain
inventories in compliance with recordkeeping and inventory
requirements of federal law and with additional rules the board
[director] adopts.
SECTION 7. Section 481.068, Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
Sec. 481.068. CONFIDENTIALITY. (a) The board [director]
may authorize a person engaged in research on the use and effects of
a controlled substance to withhold the names and other identifying
characteristics of individuals who are the subjects of the
research. A person who obtains the authorization may not be
compelled in a civil, criminal, administrative, legislative, or
other proceeding to identify the individuals who are the subjects
of the research for which the authorization is obtained.
(b) Except as provided by Sections 481.074 and 481.075, a
practitioner engaged in authorized medical practice or research may
not be required to furnish the name or identity of a patient or
research subject to the board [department], the Department of State
Health Services, or any other agency, public official, or law
enforcement officer. A practitioner may not be compelled in a state
or local civil, criminal, administrative, legislative, or other
proceeding to furnish the name or identity of an individual that the
practitioner is obligated to keep confidential.
(c) The board [director] may not provide to a federal,
state, or local law enforcement agency the name or identity of a
patient or research subject whose identity could not be obtained
under Subsection (b).
SECTION 8. Section 481.073(a), Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(a) Only a practitioner defined by Section 481.002(39)(A)
and an agent designated in writing by the practitioner in
accordance with rules adopted by the board [department] may
communicate a prescription by telephone. A pharmacy that receives
a telephonically communicated prescription shall promptly write
the prescription and file and retain the prescription in the manner
required by this subchapter. A practitioner who designates an
agent to communicate prescriptions shall maintain the written
designation of the agent in the practitioner's usual place of
business and shall make the designation available for inspection by
investigators for the Texas Medical Board, the State Board of
Dental Examiners, the State Board of Veterinary Medical Examiners,
the board, and the department. A practitioner who designates a
different agent shall designate that agent in writing and maintain
the designation in the same manner in which the practitioner
initially designated an agent under this section.
SECTION 9. Sections 481.074(b), (c), (d), (p), and (q),
Health and Safety Code, are amended to read as follows:
(b) Except in an emergency as defined by rule of the board
[director] or as provided by Subsection (o) or Section 481.075(j)
or (m), a person may not dispense or administer a controlled
substance listed in Schedule II without a written prescription of a
practitioner on an official prescription form or without an
electronic prescription that meets the requirements of and is
completed by the practitioner in accordance with Section 481.075.
In an emergency, a person may dispense or administer a controlled
substance listed in Schedule II on the oral or telephonically
communicated prescription of a practitioner. The person who
administers or dispenses the substance shall:
(1) if the person is a prescribing practitioner or a
pharmacist, promptly comply with Subsection (c); or
(2) if the person is not a prescribing practitioner or
a pharmacist, promptly write the oral or telephonically
communicated prescription and include in the written record of the
prescription the name, address, and Federal Drug Enforcement
Administration number issued for prescribing a controlled
substance in this state of the prescribing practitioner, all
information required to be provided by a practitioner under Section
481.075(e)(1), and all information required to be provided by a
dispensing pharmacist under Section 481.075(e)(2).
(c) Not later than the seventh day after the date a
prescribing practitioner authorizes an emergency oral or
telephonically communicated prescription, the prescribing
practitioner shall cause a written or electronic prescription,
completed in the manner required by Section 481.075, to be
delivered to the dispensing pharmacist at the pharmacy where the
prescription was dispensed. A written prescription may be
delivered in person or by mail. The envelope of a prescription
delivered by mail must be postmarked not later than the seventh day
after the date the prescription was authorized. On receipt of a
written prescription, the dispensing pharmacy shall file the
transcription of the telephonically communicated prescription and
the pharmacy copy and shall send information to the board
[director] as required by Section 481.075. On receipt of an
electronic prescription, the pharmacist shall annotate the
electronic prescription record with the original authorization and
date of the emergency oral or telephonically communicated
prescription.
(d) Except as specified in Subsections (e) and (f), the
board [director], by rule and in consultation with the Texas
Medical Board and the department [Texas State Board of Pharmacy],
shall establish the period after the date on which the prescription
is issued that a person may fill a prescription for a controlled
substance listed in Schedule II. A person may not refill a
prescription for a substance listed in Schedule II.
(p) On receipt of the prescription, the dispensing pharmacy
shall file the facsimile copy of the prescription and shall send
information to the board [director] as required by Section 481.075.
(q) Each dispensing pharmacist shall send all required
information [required by the director], including any information
required to complete the Schedule III through V prescription forms,
to the board [director] by electronic transfer or another form
approved by the board [director] not later than the seventh day
after the date the prescription is completely filled.
SECTION 10. Sections 481.075(c), (g), (i), (k), and (m),
Health and Safety Code, are amended to read as follows:
(c) The board [director] shall issue official prescription
forms to practitioners for a fee covering the actual cost of
printing, processing, and mailing the forms [at 100 a package].
Before mailing or otherwise delivering prescription forms to a
practitioner, the board [director] shall print on each form the
number of the form and any other information the board [director]
determines is necessary.
(g) Except for an oral prescription prescribed under
Section 481.074(b), the prescribing practitioner shall:
(1) legibly fill in, or direct a designated agent to
legibly fill in, on the official prescription form or in the
electronic prescription, each item of information required to be
provided by the prescribing practitioner under Subsection (e)(1),
unless the practitioner determines that:
(A) under rule adopted by the board [director]
for this purpose, it is unnecessary for the practitioner or the
practitioner's agent to provide the patient identification number;
or
(B) it is not in the best interest of the patient
for the practitioner or practitioner's agent to provide information
regarding the intended use of the controlled substance or the
diagnosis for which it is prescribed; and
(2) sign the official prescription form and give the
form to the person authorized to receive the prescription or, in the
case of an electronic prescription, electronically sign or validate
the electronic prescription as authorized by federal law and
transmit the prescription to the dispensing pharmacy.
(i) Each dispensing pharmacist shall:
(1) fill in on the official prescription form or note
in the electronic prescription record each item of information
given orally to the dispensing pharmacy under Subsection (h) and
the date the prescription is filled, and:
(A) for a written prescription, fill in the
dispensing pharmacist's signature; or
(B) for an electronic prescription,
appropriately record the identity of the dispensing pharmacist in
the electronic prescription record;
(2) retain with the records of the pharmacy for at
least two years:
(A) the official prescription form or the
electronic prescription record, as applicable; and
(B) the name or other patient identification
required by Section 481.074(m) or (n); and
(3) send all required information [required by the
director], including any information required to complete an
official prescription form or electronic prescription record, to
the board [director] by electronic transfer or another form
approved by the board [director] not later than the seventh day
after the date the prescription is completely filled.
(k) Not later than the 30th day after the date a
practitioner's [department registration number,] Federal Drug
Enforcement Administration number[,] or license to practice has
been denied, suspended, canceled, surrendered, or revoked, the
practitioner shall return to the board [department] all official
prescription forms in the practitioner's possession that have not
been used for prescriptions.
(m) A pharmacy in this state may fill a prescription for a
controlled substance listed in Schedule II issued by a practitioner
in another state if:
(1) a share of the pharmacy's business involves the
dispensing and delivery or mailing of controlled substances;
(2) the prescription is issued by a prescribing
practitioner in the other state in the ordinary course of practice;
and
(3) the prescription is filled in compliance with a
written plan providing the manner in which the pharmacy may fill a
Schedule II prescription issued by a practitioner in another state
that:
(A) is submitted by the pharmacy to the board
[director]; and
(B) is approved by the board [director in
consultation with the Texas State Board of Pharmacy].
SECTION 11. The heading to Section 481.076, Health and
Safety Code, is amended to read as follows:
Sec. 481.076. OFFICIAL PRESCRIPTION INFORMATION; DUTIES OF
TEXAS STATE BOARD OF PHARMACY.
SECTION 12. Section 481.076, Health and Safety Code, is
amended by amending Subsections (a), (a-1), (a-2), (b), (c), (d),
(e), (g), and (i) and adding Subsections (a-3), (a-4), (a-5), (j),
and (k) to read as follows:
(a) The board [director] may not permit any person to have
access to information submitted to the board [director] under
Section 481.074(q) or 481.075 except:
(1) an investigator for the board, the Texas Medical
Board, the Texas State Board of Podiatric Medical Examiners, the
State Board of Dental Examiners, the State Board of Veterinary
Medical Examiners, the Texas Board of Nursing, or the Texas
Optometry [State] Board [of Pharmacy];
(2) an authorized officer or member of the department
or authorized employee of the board engaged in the administration,
investigation, or enforcement of this chapter or another law
governing illicit drugs in this state or another state; [or]
(3) the department on behalf of [if the director finds
that proper need has been shown to the director:
[(A)] a law enforcement or prosecutorial
official engaged in the administration, investigation, or
enforcement of this chapter or another law governing illicit drugs
in this state or another state;
(4) a medical examiner conducting an investigation;
(5) [(B)] a pharmacist or a pharmacy technician, as
defined by Section 551.003, Occupations Code, acting at the
direction of a pharmacist or a practitioner who is a physician,
dentist, veterinarian, podiatrist, optometrist, or advanced
practice nurse or is a physician assistant described by Section
481.002(39)(D) or an employee or other agent of a practitioner [a
nurse licensed under Chapter 301, Occupations Code,] acting at the
direction of a practitioner and is inquiring about a recent
Schedule II, III, IV, or V prescription history of a particular
patient of the practitioner, provided that the person accessing the
information is authorized to do so under the Health Insurance
Portability and Accountability Act of 1996 (Pub. L. No. 104-191)
and rules adopted under that Act; [or]
(6) [(C)] a pharmacist or practitioner who is
inquiring about the person's own dispensing or prescribing
activity; or
(7) one or more states or an association of states with
which the board has an interoperability agreement, as provided by
Subsection (j).
(a-1) A person authorized to receive information under
Subsection (a)(4), (5), [(a)(3)(B)] or (6) [(C)] may access that
information through a health information exchange, subject to
proper security measures to ensure against disclosure to
unauthorized persons.
(a-2) A person authorized to receive information under
Subsection (a)(5) [(a)(3)(B)] may include that information in any
form in the medical or pharmacy record of the patient who is the
subject of the information. Any information included in a
patient's medical or pharmacy record under this subsection is
subject to any applicable state or federal confidentiality or
privacy laws.
(a-3) The board shall ensure that the department has
unrestricted access at all times to information received by the
board under this section.
(a-4) A law enforcement or prosecutorial official described
by Subsection (a)(3) may obtain information received by the board
under this section only if the official submits a request to the
department. The department shall review and process each request
under this subsection. If the department shows that the official
has shown proper need for the information, the department shall
access the information on behalf of the official and submit the
relevant information to the official.
(a-5) Records relating to the access of information by the
department or by the department on behalf of a law enforcement
agency are confidential, including any information concerning the
identities of the investigating agents or agencies. The board may
not track or monitor the department's access to information.
(b) This section does not prohibit the board [director] from
creating, using, or disclosing statistical data about information
received by the board [director] under this section if the board
[director] removes any information reasonably likely to reveal the
identity of each patient, practitioner, or other person who is a
subject of the information.
(c) The board [director] by rule shall design and implement
a system for submission of information to the board [director] by
electronic or other means and for retrieval of information
submitted to the board [director] under this section and Sections
481.074 and 481.075. The board [director] shall use automated
information security techniques and devices to preclude improper
access to the information. The board [director] shall submit the
system design to the director [Texas State Board of Pharmacy] and
the Texas Medical Board for review and [approval or] comment a
reasonable time before implementation of the system and shall
comply with the comments of those agencies unless it is
unreasonable to do so.
(d) Information submitted to the board [director] under
this section may be used only for:
(1) the administration, investigation, or enforcement
of this chapter or another law governing illicit drugs in this state
or another state;
(2) investigatory or evidentiary purposes in
connection with the functions of an agency listed in Subsection
(a)(1); or
(3) dissemination by the board [director] to the
public in the form of a statistical tabulation or report if all
information reasonably likely to reveal the identity of each
patient, practitioner, or other person who is a subject of the
information has been removed.
(e) The board [director] shall remove from the information
retrieval system, destroy, and make irretrievable the record of the
identity of a patient submitted under this section to the board
[director] not later than the end of the 36th calendar month after
the month in which the identity is entered into the system.
However, the board [director] may retain a patient identity that is
necessary for use in a specific ongoing investigation conducted in
accordance with this section until the 30th day after the end of the
month in which the necessity for retention of the identity ends.
(g) If the director permits access to information under
Subsection (a)(3) [(a)(3)(A)] relating to a person licensed or
regulated by an agency listed in Subsection (a)(1), the director
shall notify that agency of the disclosure of the information not
later than the 10th working day after the date the information is
disclosed.
(i) Information submitted to the board [director] under
Section 481.074(q) or 481.075 is confidential and remains
confidential regardless of whether the board [director] permits
access to the information under this section.
(j) The board may enter into an interoperability agreement
with one or more states or an association of states authorizing the
board to access prescription monitoring information maintained or
collected by the other state or states or the association,
including information maintained on a central database such as the
National Association of Boards of Pharmacy Prescription Monitoring
Program InterConnect. Pursuant to an interoperability agreement,
the board may authorize the prescription monitoring program of one
or more states or an association of states to access information
submitted to the board under Sections 481.074(q) and 481.075,
including by submitting or sharing information through a central
database such as the National Association of Boards of Pharmacy
Prescription Monitoring Program InterConnect.
(k) A person authorized to access information under
Subsection (a)(4) who is registered with the board for electronic
access to the information is entitled to directly access the
information available from other states pursuant to an
interoperability agreement described by Subsection (j).
SECTION 13. Section 481.0761, Health and Safety Code, is
amended by amending Subsections (a), (c), (d), (e), and (f) and
adding Subsection (g) to read as follows:
(a) The board [director] shall [consult with the Texas State
Board of Pharmacy and] by rule establish and revise as necessary a
standardized database format that may be used by a pharmacy to
transmit the information required by Sections 481.074(q) and
481.075(i) to the board [director] electronically or to deliver the
information on storage media, including disks, tapes, and
cassettes.
(c) The board [director] by rule may:
(1) permit more than one prescription to be
administered or dispensed and recorded on one prescription form for
a Schedule III through V controlled substance;
(1-a) establish a procedure for the issuance of
multiple prescriptions of a Schedule II controlled substance under
Section 481.074(d-1);
(2) remove from or return to the official prescription
program any aspect of a practitioner's or pharmacist's hospital
practice, including administering or dispensing;
(3) waive or delay any requirement relating to the
time or manner of reporting;
(4) establish compatibility protocols for electronic
data transfer hardware, software, or format, including any
necessary modifications for participation in a database described
by Section 481.076(j);
(5) establish a procedure to control the release of
information under Sections 481.074, 481.075, and 481.076; and
(6) establish a minimum level of prescription activity
below which a reporting activity may be modified or deleted.
(d) The board [director] by rule shall authorize a
practitioner to determine whether it is necessary to obtain a
particular patient identification number and to provide that number
on the official prescription form or in the electronic prescription
record.
(e) In adopting a rule relating to the electronic transfer
of information under this subchapter, the board [director] shall
consider the economic impact of the rule on practitioners and
pharmacists and, to the extent permitted by law, act to minimize any
negative economic impact, including the imposition of costs related
to computer hardware or software or to the transfer of information.
[The director may not adopt a rule relating to the electronic
transfer of information under this subchapter that imposes a fee in
addition to the fees authorized by Section 481.064.]
(f) The board [director] may authorize a contract between
the board [department] and another agency of this state or a private
vendor as necessary to ensure the effective operation of the
official prescription program.
(g) The board may adopt rules providing for a person
authorized to access information under Section 481.076(a)(5) to be
enrolled in electronic access to the information described by
Section 481.076(a) at the time the person obtains or renews the
person's applicable professional or occupational license or
registration.
SECTION 14. Section 481.077(c), Health and Safety Code, is
amended to read as follows:
(c) This section and Section 481.078 do not apply to a
person to whom a registration has been issued by the Federal Drug
Enforcement Administration [under Section 481.063].
SECTION 15. Section 481.080(d), Health and Safety Code, is
amended to read as follows:
(d) This section and Section 481.081 do not apply to a
person to whom a registration has been issued by the Federal Drug
Enforcement Administration [under Section 481.063].
SECTION 16. Section 481.124(b), Health and Safety Code, is
amended to read as follows:
(b) For purposes of this section, an intent to unlawfully
manufacture the controlled substance methamphetamine is presumed
if the actor possesses or transports:
(1) anhydrous ammonia in a container or receptacle
that is not designed and manufactured to lawfully hold or transport
anhydrous ammonia;
(2) lithium metal removed from a battery and immersed
in kerosene, mineral spirits, or similar liquid that prevents or
retards hydration; or
(3) in one container, vehicle, or building,
phenylacetic acid, or more than nine grams, three containers
packaged for retail sale, or 300 tablets or capsules of a product
containing ephedrine or pseudoephedrine, and:
(A) anhydrous ammonia;
(B) at least three of the following categories of
substances commonly used in the manufacture of methamphetamine:
(i) lithium or sodium metal or red
phosphorus, iodine, or iodine crystals;
(ii) lye, sulfuric acid, hydrochloric acid,
or muriatic acid;
(iii) an organic solvent, including ethyl
ether, alcohol, or acetone;
(iv) a petroleum distillate, including
naphtha, paint thinner, or charcoal lighter fluid; or
(v) aquarium, rock, or table salt; or
(C) at least three of the following items:
(i) an item of equipment subject to
regulation under Section 481.080, if the person is not a registrant
[registered under Section 481.063]; or
(ii) glassware, a plastic or metal
container, tubing, a hose, or other item specially designed,
assembled, or adapted for use in the manufacture, processing,
analyzing, storing, or concealing of methamphetamine.
SECTION 17. Section 481.127(a), Health and Safety Code, is
amended to read as follows:
(a) A person commits an offense if the person knowingly
gives, permits, or obtains unauthorized access to information
submitted to the board [director] under Section 481.074(q) or
481.075.
SECTION 18. Sections 481.128(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) A registrant or dispenser commits an offense if the
registrant or dispenser knowingly:
(1) distributes, delivers, administers, or dispenses
a controlled substance in violation of Sections 481.070-481.075;
(2) manufactures a controlled substance not
authorized by the person's Federal Drug Enforcement Administration
registration or distributes or dispenses a controlled substance not
authorized by the person's registration to another registrant or
other person;
(3) refuses or fails to make, keep, or furnish a
record, report, notification, order form, statement, invoice, or
information required by this chapter;
(4) prints, manufactures, possesses, or produces an
official prescription form without the approval of the board
[director];
(5) delivers or possesses a counterfeit official
prescription form;
(6) refuses an entry into a premise for an inspection
authorized by this chapter;
(7) refuses or fails to return an official
prescription form as required by Section 481.075(k);
(8) refuses or fails to make, keep, or furnish a
record, report, notification, order form, statement, invoice, or
information required by a rule adopted by the director or the board;
or
(9) refuses or fails to maintain security required by
this chapter or a rule adopted under this chapter.
(b) If the registrant or dispenser knowingly refuses or
fails to make, keep, or furnish a record, report, notification,
order form, statement, invoice, or information or maintain security
required by a rule adopted by the director or the board, the
registrant or dispenser is liable to the state for a civil penalty
of not more than $5,000 for each act.
SECTION 19. Section 481.129(a), Health and Safety Code, is
amended to read as follows:
(a) A person commits an offense if the person knowingly:
(1) distributes as a registrant or dispenser a
controlled substance listed in Schedule I or II, unless the person
distributes the controlled substance as authorized under the
federal Controlled Substances Act (21 U.S.C. Section 801 et seq.)
[an order form as required by Section 481.069];
(2) uses in the course of manufacturing, prescribing,
or distributing a controlled substance a Federal Drug Enforcement
Administration registration number that is fictitious, revoked,
suspended, or issued to another person;
(3) issues a prescription bearing a forged or
fictitious signature;
(4) uses a prescription issued to another person to
prescribe a Schedule II controlled substance;
(5) possesses, obtains, or attempts to possess or
obtain a controlled substance or an increased quantity of a
controlled substance:
(A) by misrepresentation, fraud, forgery,
deception, or subterfuge;
(B) through use of a fraudulent prescription
form; or
(C) through use of a fraudulent oral or
telephonically communicated prescription; or
(6) furnishes false or fraudulent material
information in or omits material information from an application,
report, record, or other document required to be kept or filed under
this chapter.
SECTION 20. Section 481.159(a), Health and Safety Code, is
amended to read as follows:
(a) If a district court orders the forfeiture of a
controlled substance property or plant under Chapter 59, Code of
Criminal Procedure, or under this code, the court shall also order a
law enforcement agency to:
(1) retain the property or plant for its official
purposes, including use in the investigation of offenses under this
code;
(2) deliver the property or plant to a government
agency for official purposes;
(3) deliver the property or plant to a person
authorized by the court to receive it;
(4) deliver the property or plant to a person
authorized by the director to receive it [for a purpose described by
Section 481.065(a)]; or
(5) destroy the property or plant that is not
otherwise disposed of in the manner prescribed by this subchapter.
SECTION 21. Section 481.301, Health and Safety Code, is
amended to read as follows:
Sec. 481.301. IMPOSITION OF PENALTY. The department or the
board, as applicable, may impose an administrative penalty on a
person who violates Section 481.061, [481.066,] 481.067,
[481.069,] 481.074, 481.075, 481.077, 481.0771, 481.078, 481.080,
or 481.081 or a rule or order adopted under any of those sections.
SECTION 22. Section 481.352, Health and Safety Code, is
amended to read as follows:
Sec. 481.352. MEMBERS. The work group is composed of:
(1) the executive director of the board or the
executive director's designee, who serves as chair of the work
group;
(2) the commissioner of state health services or the
commissioner's designee;
(3) [the executive director of the Texas State Board
of Pharmacy or the executive director's designee;
[(4)] the executive director of the Texas Medical
Board or the executive director's designee;
(4) [(5)] the executive director of the Texas Board of
Nursing or the executive director's designee; and
(5) [(6)] the executive director of the Texas
Physician Assistant Board or the executive director's designee.
SECTION 23. Section 554.006, Occupations Code, is amended
to read as follows:
Sec. 554.006. FEES. (a) The board by rule shall establish
reasonable and necessary fees so that the fees, in the aggregate,
produce sufficient revenue to cover the cost of administering this
subtitle.
(b) The board by rule shall establish reasonable and
necessary fees so that the fees, in the aggregate, produce
sufficient revenue to cover the cost of establishing and
maintaining the program described by Sections 481.075, 481.076, and
481.0761, Health and Safety Code.
(c) The board may assess the fee described by Subsection (b)
on individuals or entities authorized to prescribe or dispense
controlled substances under Chapter 481, Health and Safety Code,
and to access the program described by Sections 481.075, 481.076,
and 481.0761, Health and Safety Code.
(d) Each agency that licenses individuals or entities
authorized to prescribe or dispense controlled substances under
Chapter 481, Health and Safety Code, and to access the program
described by Sections 481.075, 481.076, and 481.0761, Health and
Safety Code, shall increase the occupational license, permit, or
registration fee of the license holders or use available excess
revenue in an amount sufficient to operate that program as
specified by the board.
(e) A fee collected by an agency under Subsection (d) shall
be transferred to the board for the purpose of establishing and
maintaining the program described by Sections 481.075, 481.076, and
481.0761, Health and Safety Code.
SECTION 24. Section 554.051, Occupations Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) The board may adopt rules to administer Sections
481.075, 481.076, and 481.0761, Health and Safety Code.
SECTION 25. The following provisions are repealed:
(1) Sections 481.061(c) and (d), 481.062(b), 481.063,
481.064, 481.0645, 481.065, 481.066, and 481.069, Health and Safety
Code; and
(2) Section 156.0035, Occupations Code.
SECTION 26. (a) Notwithstanding any other provision of
this Act, Sections 481.003(a), 481.076(c), and 481.0761(e) and (f),
Health and Safety Code, as amended by this Act, and Section
481.0761(g), Health and Safety Code, as added by this Act, apply
beginning on the effective date of this Act.
(b) The changes in law made by this Act to Section 481.076,
Health and Safety Code, other than the changes made to Subsection
(c) of that section, apply only to information submitted or
accessed on or after September 1, 2016.
(c) The Texas State Board of Pharmacy may enter into an
interoperability agreement described by Section 481.076(j), Health
and Safety Code, as added by this Act, before September 1, 2016, but
the agreement may not go into effect until on or after September 1,
2016.
SECTION 27. (a) Not later than September 1, 2016, the
Department of Public Safety shall transfer all appropriate records
received by the department under Sections 481.074, 481.076, and
481.0761, Health and Safety Code, regardless of whether the records
were received before, on, or after the effective date of this Act,
to the Texas State Board of Pharmacy.
(b) The Texas State Board of Pharmacy shall adopt any rules
required by Chapter 481, Health and Safety Code, as amended by this
Act, not later than March 1, 2016.
(c) A rule, form, policy, procedure, or decision adopted
under Chapter 481, Health and Safety Code, as it existed before the
effective date of this Act, continues in effect as a rule, form,
policy, procedure, or decision and remains in effect until amended
or replaced.
(d) A reference in law or an administrative rule to the
public safety director of the Department of Public Safety relating
to rulemaking authority given and duties transferred to the Texas
State Board of Pharmacy by this Act is a reference to the Texas
State Board of Pharmacy.
SECTION 28. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2015.