Texas 2017 - 85th Regular

Texas Senate Bill SB1284 Compare Versions

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

Old	New	Differences
1	1	85R11971 JSC-D
2	2	By: Taylor of Collin S.B. No. 1284
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. Section 481.0761, Health and Safety Code, is
95	95	amended by adding Subsections (h) and (i) to read as follows:
96	96	(h) The board, in consultation with the department and the
97	97	regulatory agencies listed in Section 481.076(a)(1) shall identify
98	98	potentially harmful prescribing or dispensing patterns or
99	99	practices that may suggest drug diversion or drug abuse. The board
100	100	shall develop indicators for levels of prescriber or patient
101	101	activity that suggest that a potentially harmful prescribing or
102	102	dispensing pattern or practice may be occurring or that drug
103	103	diversion or drug abuse may be occurring.
104	104	(i) The board may, based on the indicators developed under
105	105	Subsection (h), send a prescriber or dispenser an electronic
106	106	notification if the information submitted under Sections
107	107	481.074(q) and 481.075 indicates that a potentially harmful
108	108	prescribing or dispensing pattern or practice may be occurring or
109	109	that drug diversion or drug abuse may be occurring.
110	110	SECTION 5. Subchapter C, Chapter 481, Health and Safety
111	111	Code, is amended by adding Sections 481.0762 and 481.0763 to read as
112	112	follows:
113	113	Sec. 481.0762. DUTIES OF PRESCRIBERS, PHARMACISTS, AND
114	114	RELATED HEALTH CARE PRACTITIONERS. (a) A person authorized to
115	115	receive information under Section 481.076(a)(5) shall access that
116	116	information with respect to the patient before prescribing or
117	117	dispensing opioids, benzodiazepines, barbiturates, or
118	118	carisoprodol.
119	119	(b) A person authorized to receive information under
120	120	Section 481.076(a)(5) may access that information with respect to
121	121	the patient before prescribing or dispensing any controlled
122	122	substance.
123	123	(c) A violation of Subsection (a) is grounds for
124	124	disciplinary action by the regulatory agency that issued a license,
125	125	certification, or registration to the person who committed the
126	126	violation.
127	127	Sec. 481.0763. EXCEPTIONS. (a) A prescriber is not subject
128	128	to the requirements of Section 481.0762(a) if:
129	129	(1) the patient has been diagnosed with cancer or the
130	130	patient is receiving hospice care; and
131	131	(2) the prescriber clearly notes in the prescription
132	132	record that the patient was diagnosed with cancer or is receiving
133	133	hospice care, as applicable.
134	134	(b) A dispenser is not subject to the requirements of
135	135	Section 481.0762(a) if it is clearly noted in the prescription
136	136	record that the patient has been diagnosed with cancer or is
137	137	receiving hospice care.
138	138	SECTION 6. Section 481.0762, Health and Safety Code, as
139	139	added by this Act, applies only to:
140	140	(1) a prescriber who issues a prescription on or after
141	141	September 1, 2018; or
142	142	(2) a person authorized by law to dispense a
143	143	controlled substance who dispenses the substance on or after
144	144	September 1, 2018.
145	145	SECTION 7. This Act takes effect September 1, 2017.