85R12896 JSC-D
By: Zedler H.B. No. 2743
A BILL TO BE ENTITLED
AN ACT
relating to the use of electronic prescriptions for the prescribing
or dispensing of Schedule II controlled substances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.075, Health and Safety Code, is
amended by adding Subsections (n), (o), and (p) to read as follows:
(n) Notwithstanding any other provision of this section, a
person prescribing or dispensing a Schedule II controlled substance
must use the electronic prescription record and may not use a
written prescription. An official prescription form may be used
only by:
(1) a prescriber who is a veterinarian;
(2) a prescriber or dispensing pharmacist in
circumstances in which electronic prescribing is not available due
to temporary technological or electrical failure, as provided by
board rule;
(3) a prescriber issuing a prescription to be filled
outside this state;
(4) a prescriber or dispensing pharmacist who received
a waiver under Subsection (o); or
(5) a prescriber if the prescriber determines that it
would be impractical for the patient to obtain the substance
prescribed by electronic prescription in a timely manner, and the
delay would adversely impact the patient's medical condition.
(o) The board may grant to a prescriber or dispensing
pharmacist a waiver from the requirement to use the electronic
prescription record due to:
(1) economic hardship;
(2) technological limitations that are not reasonably
in control of the prescriber or dispensing pharmacist; or
(3) another exceptional circumstance demonstrated by
the prescriber or dispensing pharmacist.
(p) A waiver granted under Subsection (o) may not be for a
period of more than one year. A person may reapply for a waiver on
expiration of the previous waiver.
SECTION 2. The change in law made by this Act applies only
to a prescription issued on or after January 1, 2018. A
prescription issued before January 1, 2018, is governed by the law
in effect immediately before the effective date of this Act, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.