| 1 | 1 | | 85R12896 JSC-D |
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| 2 | 2 | | By: Zedler H.B. No. 2743 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of electronic prescriptions for the prescribing |
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| 8 | 8 | | or dispensing of Schedule II controlled substances. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 481.075, Health and Safety Code, is |
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| 11 | 11 | | amended by adding Subsections (n), (o), and (p) to read as follows: |
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| 12 | 12 | | (n) Notwithstanding any other provision of this section, a |
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| 13 | 13 | | person prescribing or dispensing a Schedule II controlled substance |
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| 14 | 14 | | must use the electronic prescription record and may not use a |
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| 15 | 15 | | written prescription. An official prescription form may be used |
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| 16 | 16 | | only by: |
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| 17 | 17 | | (1) a prescriber who is a veterinarian; |
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| 18 | 18 | | (2) a prescriber or dispensing pharmacist in |
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| 19 | 19 | | circumstances in which electronic prescribing is not available due |
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| 20 | 20 | | to temporary technological or electrical failure, as provided by |
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| 21 | 21 | | board rule; |
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| 22 | 22 | | (3) a prescriber issuing a prescription to be filled |
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| 23 | 23 | | outside this state; |
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| 24 | 24 | | (4) a prescriber or dispensing pharmacist who received |
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| 25 | 25 | | a waiver under Subsection (o); or |
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| 26 | 26 | | (5) a prescriber if the prescriber determines that it |
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| 27 | 27 | | would be impractical for the patient to obtain the substance |
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| 28 | 28 | | prescribed by electronic prescription in a timely manner, and the |
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| 29 | 29 | | delay would adversely impact the patient's medical condition. |
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| 30 | 30 | | (o) The board may grant to a prescriber or dispensing |
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| 31 | 31 | | pharmacist a waiver from the requirement to use the electronic |
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| 32 | 32 | | prescription record due to: |
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| 33 | 33 | | (1) economic hardship; |
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| 34 | 34 | | (2) technological limitations that are not reasonably |
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| 35 | 35 | | in control of the prescriber or dispensing pharmacist; or |
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| 36 | 36 | | (3) another exceptional circumstance demonstrated by |
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| 37 | 37 | | the prescriber or dispensing pharmacist. |
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| 38 | 38 | | (p) A waiver granted under Subsection (o) may not be for a |
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| 39 | 39 | | period of more than one year. A person may reapply for a waiver on |
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| 40 | 40 | | expiration of the previous waiver. |
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| 41 | 41 | | SECTION 2. The change in law made by this Act applies only |
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| 42 | 42 | | to a prescription issued on or after January 1, 2018. A |
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| 43 | 43 | | prescription issued before January 1, 2018, is governed by the law |
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| 44 | 44 | | in effect immediately before the effective date of this Act, and the |
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| 45 | 45 | | former law is continued in effect for that purpose. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2017. |
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