2017S0399-1 03/06/17
By: Schwertner S.B. No. 1412
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of certain prescribers and
dispensers of controlled substances and to the regulatory agencies
that issue a license, certification, or registration to the
prescribers or dispensers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.076(a), Health and Safety Code, is
amended to read as follows:
(a) The board may not permit any person to have access to
information submitted to the board under Section 481.074(q) or
481.075 except:
(1) an investigator for the board, the Texas Medical
Board, the Texas State Board of Podiatric Medical Examiners, the
State Board of Dental Examiners, the State Board of Veterinary
Medical Examiners, the Texas Board of Nursing, or the Texas
Optometry Board;
(2) an authorized officer or member of the department
or authorized employee of the board engaged in the administration,
investigation, or enforcement of this chapter or another law
governing illicit drugs in this state or another state;
(3) the department on behalf of a law enforcement or
prosecutorial official engaged in the administration,
investigation, or enforcement of this chapter or another law
governing illicit drugs in this state or another state;
(4) a medical examiner conducting an investigation;
(5) a pharmacist or a pharmacy technician, as defined
by Section 551.003, Occupations Code, acting at the direction of a
pharmacist or a practitioner who is a physician, dentist,
veterinarian, podiatrist, optometrist, or advanced practice nurse
or is a physician assistant described by Section 481.002(39)(D) or
an employee or other agent of a practitioner acting at the direction
of a practitioner and is inquiring about a recent Schedule II, III,
IV, or V prescription history of a particular patient of the
practitioner, provided that the person accessing the information is
authorized to do so under the Health Insurance Portability and
Accountability Act of 1996 (Pub. L. No. 104-191) and rules adopted
under that Act;
(5-a) a practitioner inquiring about a recent Schedule
II, III, IV, or V prescription history of a particular patient of
the practitioner, provided that the practitioner is authorized to
do so under the Health Insurance Portability and Accountability Act
of 1996 (Pub. L. No. 104-191) and rules adopted under that Act;
(6) a pharmacist or practitioner who is inquiring
about the person's own dispensing or prescribing activity; or
(7) one or more states or an association of states with
which the board has an interoperability agreement, as provided by
Subsection (j).
SECTION 2. Subchapter C, Chapter 481, Health and Safety
Code, is amended by adding Section 481.0762 to read as follows:
Sec. 481.0762. DUTIES OF PHARMACISTS AND PRACTITIONERS.
(a) A person authorized to access information under Section
481.076(a)(5) or (5-a) shall access that information to review a
patient's recent prescription history regarding opioids,
benzodiazepines, barbiturates, and carisoprodol before prescribing
or dispensing any of those drugs to the patient.
(b) Each regulatory agency with jurisdiction over a person
authorized to access information under Section 481.076(a)(5) or
(5-a) may monitor the prescribing or dispensing actions of the
person.
(c) A violation of Subsection (a) is grounds for
disciplinary action by the regulatory agency that issued a license,
certification, or registration to the person who committed the
violation.
SECTION 3. The change in law made by this Act applies only
to a prescription issued on or after the effective date of this Act.
A prescription issued before the effective date of this Act is
governed by the law in effect on the date the prescription is
issued, and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2017.