85R5540 JSC-D
By: Coleman H.B. No. 2859
A BILL TO BE ENTITLED
AN ACT
relating to prescriber and dispenser reporting and access to
patient prescription information under the Texas Controlled
Substances Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 481.074(c) and (q), Health and Safety
Code, are amended to read as follows:
(c) Not later than the next business [seventh] day after the
date a prescribing practitioner authorizes an emergency oral or
telephonically communicated prescription, the prescribing
practitioner shall send the information to the board as required by
Section 481.075 and cause a written or electronic prescription,
completed in the manner required by that section [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 next
business [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 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.
(q) Each dispensing pharmacist shall send all required
information, including any information required to complete the
Schedule III through V prescription forms, to the board by
electronic transfer or another form approved by the board not later
than the next business [seventh] day after the date the
prescription is completely filled.
SECTION 2. Sections 481.075(g) and (i), Health and Safety
Code, are amended to read as follows:
(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 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; and
(3) send all required information, including any
information required to complete an official prescription form or
electronic prescription record, to the board by electronic transfer
or another form approved by the board not later than the next
business day after the date the prescription is issued.
(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, including any
information required to complete an official prescription form or
electronic prescription record, to the board by electronic transfer
or another form approved by the board not later than the next
business [seventh] day after the date the prescription is
completely filled.
SECTION 3. Section 481.076, Health and Safety Code, is
amended by adding Subsection (c-1) to read as follows:
(c-1) To avoid duplicate entries, the system described by
Subsection (c) must be capable of associating a report by a
practitioner issuing a prescription with a report by a pharmacist
subsequently dispensing the substance under that same
prescription.
SECTION 4. Subchapter C, Chapter 481, Health and Safety
Code, is amended by adding Section 481.0762 to read as follows:
Sec. 481.0762. DUTIES OF PRESCRIBERS, PHARMACISTS, AND
RELATED HEALTH CARE PRACTITIONERS. (a) A person authorized to
receive information under Section 481.076(a)(5), before
prescribing or dispensing a controlled substance to a patient,
shall access that information with respect to the patient.
(b) A violation of this section is grounds for disciplinary
action by the regulatory agency that issued a license,
certification, or registration to the person who committed the
violation.
SECTION 5. The change in law made by this Act applies only
to a prescription issued or completely filled on or after January 1,
2018. A prescription issued or completely filled before January 1,
2018, is covered by the law as it existed immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 6. This Act takes effect September 1, 2017.