Texas 2017 - 85th Regular

Texas House Bill HB2859 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R5540 JSC-D
2	2	By: Coleman H.B. No. 2859
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prescriber and dispenser reporting and access to
8	8	patient prescription information under the Texas Controlled
9	9	Substances Act.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 481.074(c) and (q), Health and Safety
12	12	Code, are amended to read as follows:
13	13	(c) Not later than the next business [seventh] day after the
14	14	date a prescribing practitioner authorizes an emergency oral or
15	15	telephonically communicated prescription, the prescribing
16	16	practitioner shall send the information to the board as required by
17	17	Section 481.075 and cause a written or electronic prescription,
18	18	completed in the manner required by that section [Section 481.075],
19	19	to be delivered to the dispensing pharmacist at the pharmacy where
20	20	the prescription was dispensed. A written prescription may be
21	21	delivered in person or by mail. The envelope of a prescription
22	22	delivered by mail must be postmarked not later than the next
23	23	business [seventh] day after the date the prescription was
24	24	authorized. On receipt of a written prescription, the dispensing
25	25	pharmacy shall file the transcription of the telephonically
26	26	communicated prescription and the pharmacy copy and shall send
27	27	information to the board as required by Section 481.075. On receipt
28	28	of an electronic prescription, the pharmacist shall annotate the
29	29	electronic prescription record with the original authorization and
30	30	date of the emergency oral or telephonically communicated
31	31	prescription.
32	32	(q) Each dispensing pharmacist shall send all required
33	33	information, including any information required to complete the
34	34	Schedule III through V prescription forms, to the board by
35	35	electronic transfer or another form approved by the board not later
36	36	than the next business [seventh] day after the date the
37	37	prescription is completely filled.
38	38	SECTION 2. Sections 481.075(g) and (i), Health and Safety
39	39	Code, are amended to read as follows:
40	40	(g) Except for an oral prescription prescribed under
41	41	Section 481.074(b), the prescribing practitioner shall:
42	42	(1) legibly fill in, or direct a designated agent to
43	43	legibly fill in, on the official prescription form or in the
44	44	electronic prescription, each item of information required to be
45	45	provided by the prescribing practitioner under Subsection (e)(1),
46	46	unless the practitioner determines that:
47	47	(A) under rule adopted by the board for this
48	48	purpose, it is unnecessary for the practitioner or the
49	49	practitioner's agent to provide the patient identification number;
50	50	or
51	51	(B) it is not in the best interest of the patient
52	52	for the practitioner or practitioner's agent to provide information
53	53	regarding the intended use of the controlled substance or the
54	54	diagnosis for which it is prescribed; [and]
55	55	(2) sign the official prescription form and give the
56	56	form to the person authorized to receive the prescription or, in the
57	57	case of an electronic prescription, electronically sign or validate
58	58	the electronic prescription as authorized by federal law and
59	59	transmit the prescription to the dispensing pharmacy; and
60	60	(3) send all required information, including any
61	61	information required to complete an official prescription form or
62	62	electronic prescription record, to the board by electronic transfer
63	63	or another form approved by the board not later than the next
64	64	business day after the date the prescription is issued.
65	65	(i) Each dispensing pharmacist shall:
66	66	(1) fill in on the official prescription form or note
67	67	in the electronic prescription record each item of information
68	68	given orally to the dispensing pharmacy under Subsection (h) and
69	69	the date the prescription is filled, and:
70	70	(A) for a written prescription, fill in the
71	71	dispensing pharmacist's signature; or
72	72	(B) for an electronic prescription,
73	73	appropriately record the identity of the dispensing pharmacist in
74	74	the electronic prescription record;
75	75	(2) retain with the records of the pharmacy for at
76	76	least two years:
77	77	(A) the official prescription form or the
78	78	electronic prescription record, as applicable; and
79	79	(B) the name or other patient identification
80	80	required by Section 481.074(m) or (n); and
81	81	(3) send all required information, including any
82	82	information required to complete an official prescription form or
83	83	electronic prescription record, to the board by electronic transfer
84	84	or another form approved by the board not later than the next
85	85	business [seventh] day after the date the prescription is
86	86	completely filled.
87	87	SECTION 3. Section 481.076, Health and Safety Code, is
88	88	amended by adding Subsection (c-1) to read as follows:
89	89	(c-1) To avoid duplicate entries, the system described by
90	90	Subsection (c) must be capable of associating a report by a
91	91	practitioner issuing a prescription with a report by a pharmacist
92	92	subsequently dispensing the substance under that same
93	93	prescription.
94	94	SECTION 4. Subchapter C, Chapter 481, Health and Safety
95	95	Code, is amended by adding Section 481.0762 to read as follows:
96	96	Sec. 481.0762. DUTIES OF PRESCRIBERS, PHARMACISTS, AND
97	97	RELATED HEALTH CARE PRACTITIONERS. (a) A person authorized to
98	98	receive information under Section 481.076(a)(5), before
99	99	prescribing or dispensing a controlled substance to a patient,
100	100	shall access that information with respect to the patient.
101	101	(b) A violation of this section is grounds for disciplinary
102	102	action by the regulatory agency that issued a license,
103	103	certification, or registration to the person who committed the
104	104	violation.
105	105	SECTION 5. The change in law made by this Act applies only
106	106	to a prescription issued or completely filled on or after January 1,
107	107	2018. A prescription issued or completely filled before January 1,
108	108	2018, is covered by the law as it existed immediately before the
109	109	effective date of this Act, and the former law is continued in
110	110	effect for that purpose.
111	111	SECTION 6. This Act takes effect September 1, 2017.