Texas 2017 - 85th Regular

Texas House Bill HB3189 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R14781 LHC-D
2	1		By: Bonnen of Brazoria H.B. No. 3189
3		-	Substitute the following for H.B. No. 3189:
4		-	By: Moody C.S.H.B. No. 3189
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the reporting of and access to information related to
10	7		court-ordered prescription drug substance abuse treatment;
11	8		providing a criminal penalty.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Subchapter G, Chapter 42A, Code of Criminal
14	11		Procedure, is amended by adding Article 42A.3035 to read as
15	12		follows:
16		-	Art. 42A.3035. REPORTING. A judge who requires as a
	13	+	Art. 42A.3035. REPORTING. (a) A judge who requires as a
17	14		condition of community supervision that a defendant serve a term of
18	15		confinement and treatment in a substance abuse felony punishment
19	16		facility or participate in substance abuse treatment services in a
20	17		program or facility approved or licensed by the Department of State
21	18		Health Services to receive treatment for prescription drug
22		-	substance abuse shall submit to the Texas State Board of Pharmacy:
	19	+	substance abuse shall, if the defendant consents to the release of
	20	+	the information, submit to the Texas State Board of Pharmacy:
23	21		(1) the name and date of birth of the defendant; and
24	22		(2) the name of the substance or substances abused by
25	23		the defendant.
	24	+	(b) A defendant may not be:
	25	+	(1) required as a condition of community supervision
	26	+	to consent to the release of information under Subsection (a); or
	27	+	(2) excluded from a substance abuse treatment facility
	28	+	or program based on the defendant's failure to consent to the
	29	+	release of the information.
26	30		SECTION 2. Chapter 121, Government Code, is amended by
27	31		adding Section 121.003 to read as follows:
28		-	Sec. 121.003. REPORTING. A judge who requires a defendant
29		-	to receive treatment for prescription drug substance abuse as a
30		-	condition of participation in a specialty court under this subtitle
31		-	shall submit to the Texas State Board of Pharmacy:
32		-	(1) the name and date of birth of the defendant; and
33		-	(2) the name of the substance or substances abused by
34		-	the defendant.
	32	+	Sec. 121.003. REPORTING. (a) A judge who requires a
	33	+	defendant to receive treatment for prescription drug substance
	34	+	abuse as a condition of participation in a specialty court under
	35	+	this subtitle shall submit to the Texas State Board of Pharmacy:
	36	+	(1) the name and date of birth of the defendant;
	37	+	(2) the name of the specialty court in which the
	38	+	defendant is participating;
	39	+	(3) the date the defendant began participating in the
	40	+	specialty court; and
	41	+	(4) if the defendant consents to the release of the
	42	+	information, the name of the substance or substances abused by the
	43	+	defendant.
	44	+	(b) A defendant may not be:
	45	+	(1) required as a condition of participation in a
	46	+	specialty court to consent to the release of information under
	47	+	Subsection (a)(4); or
	48	+	(2) excluded from a substance abuse treatment facility
	49	+	or program based on the defendant's failure to consent to the
	50	+	release of the information.
35	51		SECTION 3. Subchapter D, Chapter 462, Health and Safety
36	52		Code, is amended by adding Section 462.0691 to read as follows:
37		-	Sec. 462.0691. REPORTING. A judge who enters an order for
38		-	court-ordered treatment under this chapter for prescription drug
39		-	substance abuse shall submit to the Texas State Board of Pharmacy:
	53	+	Sec. 462.0691. REPORTING. (a) A judge who enters an order
	54	+	for court-ordered treatment under this chapter for prescription
	55	+	drug substance abuse shall, if the patient consents to the release
	56	+	of the information, submit to the Texas State Board of Pharmacy:
40	57		(1) the name and date of birth of the patient; and
41	58		(2) the name of the substance or substances abused by
42	59		the patient.
43		-	SECTION 4. Sections 481.076(a), (a-3), (a-4), (c), (i), and
44		-	(j), Health and Safety Code, are amended to read as follows:
	60	+	(b) A patient may not be excluded from a substance abuse
	61	+	treatment facility or program based on the patient's failure to
	62	+	consent to the release of information under Subsection (a).
	63	+	SECTION 4. Section 481.076, Health and Safety Code, is
	64	+	amended by amending Subsections (a), (a-3), (a-4), (c), (i), and
	65	+	(j) and adding Subsection (a-6) to read as follows:
45	66		(a) The board may not permit any person to have access to
46	67		information submitted to the board under Article 42A.3035, Code of
47	68		Criminal Procedure, Section 121.003, Government Code, or Section
48	69		462.0691, 481.074(q), or 481.075 except:
49	70		(1) an investigator for the board, the Texas Medical
50	71		Board, the Texas State Board of Podiatric Medical Examiners, the
51	72		State Board of Dental Examiners, the State Board of Veterinary
52	73		Medical Examiners, the Texas Board of Nursing, or the Texas
53	74		Optometry Board;
54	75		(2) an authorized officer or member of the department
55	76		or authorized employee of the board engaged in the administration,
56	77		investigation, or enforcement of this chapter or another law
57	78		governing illicit drugs in this state or another state;
58	79		(3) the department on behalf of a law enforcement or
59	80		prosecutorial official engaged in the administration,
60	81		investigation, or enforcement of this chapter or another law
61	82		governing illicit drugs in this state or another state;
62	83		(4) a medical examiner conducting an investigation;
63	84		(5) a pharmacist or a pharmacy technician, as defined
64	85		by Section 551.003, Occupations Code, acting at the direction of a
65	86		pharmacist or a practitioner who is a physician, dentist,
66	87		veterinarian, podiatrist, optometrist, or advanced practice nurse
67	88		or is a physician assistant described by Section 481.002(39)(D) or
68	89		an employee or other agent of a practitioner acting at the direction
69	90		of a practitioner and is inquiring about a recent Schedule II, III,
70	91		IV, or V prescription history or any prescription drug substance
71	92		abuse treatment of a particular patient of the practitioner,
72	93		provided that the person accessing the information is authorized to
73	94		do so under the Health Insurance Portability and Accountability Act
74	95		of 1996 (Pub. L. No. 104-191) and rules adopted under that Act;
75	96		(6) a pharmacist or practitioner who is inquiring
76		-	about the person's own dispensing or prescribing activity; or
	97	+	about the person's own dispensing or prescribing activity; [or]
77	98		(7) one or more states or an association of states with
78	99		which the board has an interoperability agreement, as provided by
79		-	Subsection (j).
	100	+	Subsection (j); or
	101	+	(8) the judge of a specialty court as defined by
	102	+	Section 121.001, Government Code, or the judge's designee, in the
	103	+	manner prescribed by Subsection (a-6).
80	104		(a-3) The board shall ensure that the department has
81	105		unrestricted access at all times to information submitted to the
82	106		board under Article 42A.3035, Code of Criminal Procedure, Section
83	107		121.003, Government Code, and Sections 462.0691, 481.074(q), and
84	108		481.075. The department's access to the information shall be
85	109		provided through a secure electronic portal under the exclusive
86	110		control of the department. The department shall pay all expenses
87	111		associated with the electronic portal.
88	112		(a-4) A law enforcement or prosecutorial official described
89	113		by Subsection (a)(3) may obtain information submitted to the board
90	114		under Article 42A.3035, Code of Criminal Procedure, Section
91	115		121.003, Government Code, or Section 462.0691, 481.074(q), or
92	116		481.075 only if the official submits a request to the department.
93	117		If the department finds that the official has shown proper need for
94	118		the information, the department shall provide access to the
95	119		relevant information.
	120	+	(a-6) On request by a judge of a specialty court as defined
	121	+	by Section 121.001, Government Code, or the judge's designee, the
	122	+	board shall provide to the judge or the judge's designee
	123	+	information submitted to the board under Article 42A.3035, Code of
	124	+	Criminal Procedure, Section 121.003, Government Code, or Section
	125	+	462.0691, 481.074(q), or 481.075 that relates to a current or
	126	+	prospective specialty court program participant.
96	127		(c) The board by rule shall design and implement a system
97	128		for submission of information to the board by electronic or other
98	129		means and for retrieval of information submitted to the board under
99	130		this section and Article 42A.3035, Code of Criminal Procedure,
100	131		Section 121.003, Government Code, and Sections 462.0691, 481.074,
101	132		and 481.075. The board shall use automated information security
102	133		techniques and devices to preclude improper access to the
103	134		information. The board shall submit the system design to the
104	135		director and the Texas Medical Board for review and comment a
105	136		reasonable time before implementation of the system and shall
106	137		comply with the comments of those agencies unless it is
107	138		unreasonable to do so.
108	139		(i) Information submitted to the board under Article
109	140		42A.3035, Code of Criminal Procedure, Section 121.003, Government
110	141		Code, or Section 462.0691, 481.074(q), or 481.075 is confidential
111	142		and remains confidential regardless of whether the board permits
112	143		access to the information under this section.
113	144		(j) The board may enter into an interoperability agreement
114	145		with one or more states or an association of states authorizing the
115	146		board to access prescription monitoring information maintained or
116	147		collected by the other state or states or the association,
117	148		including information maintained on a central database such as the
118	149		National Association of Boards of Pharmacy Prescription Monitoring
119	150		Program InterConnect. Pursuant to an interoperability agreement,
120	151		the board may authorize the prescription monitoring program of one
121	152		or more states or an association of states to access information
122	153		submitted to the board under Article 42A.3035, Code of Criminal
123	154		Procedure, Section 121.003, Government Code, and Sections
124	155		462.0691, 481.074(q), and 481.075, including by submitting or
125	156		sharing information through a central database such as the National
126	157		Association of Boards of Pharmacy Prescription Monitoring Program
127	158		InterConnect.
128	159		SECTION 5. Section 481.0761(a), Health and Safety Code, is
129	160		amended to read as follows:
130	161		(a) The board shall by rule establish and revise as
131	162		necessary a standardized database format that may be used by a
132	163		pharmacy or court to transmit the information required by Article
133	164		42A.3035, Code of Criminal Procedure, Section 121.003, Government
134	165		Code, and Sections 462.0691, 481.074(q), and 481.075(i) to the
135	166		board electronically or to deliver the information on storage
136	167		media, including disks, tapes, and cassettes.
137	168		SECTION 6. Section 481.127(a), Health and Safety Code, is
138	169		amended to read as follows:
139	170		(a) A person commits an offense if the person knowingly
140	171		gives, permits, or obtains unauthorized access to information
141	172		submitted to the board under Article 42A.3035, Code of Criminal
142	173		Procedure, Section 121.003, Government Code, or Section 462.0691,
143	174		481.074(q), or 481.075.
144	175		SECTION 7. (a) Article 42A.3035, Code of Criminal
145	176		Procedure, as added by this Act, applies to a defendant placed on
146	177		community supervision on or after the effective date of this Act,
147	178		regardless of whether the offense for which the defendant was
148	179		placed on community supervision was committed before, on, or after
149	180		the effective date of this Act.
150	181		(b) Section 121.003, Government Code, as added by this Act,
151	182		applies to a person who, on or after the effective date of this Act,
152	183		enters a specialty court program under Subtitle K, Title 2,
153	184		Government Code, regardless of whether the person committed the
154	185		offense for which the person enters the program before, on, or after
155	186		the effective date of this Act.
156	187		(c) Section 462.0691, Health and Safety Code, as added by
157	188		this Act, applies only to an order for court-ordered treatment
158	189		entered on or after the effective date of this Act. An order
159	190		entered before the effective date of this Act is governed by the law
160	191		in effect on the date the order was entered, and the former law is
161	192		continued in effect for that purpose.
162	193		SECTION 8. This Act takes effect September 1, 2017.