| 1 | 1 | | 2017S0399-1 03/06/17 |
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| 2 | 2 | | By: Schwertner S.B. No. 1412 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the powers and duties of certain prescribers and |
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| 8 | 8 | | dispensers of controlled substances and to the regulatory agencies |
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| 9 | 9 | | that issue a license, certification, or registration to the |
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| 10 | 10 | | prescribers or dispensers. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 481.076(a), Health and Safety Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (a) The board may not permit any person to have access to |
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| 15 | 15 | | information submitted to the board under Section 481.074(q) or |
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| 16 | 16 | | 481.075 except: |
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| 17 | 17 | | (1) an investigator for the board, the Texas Medical |
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| 18 | 18 | | Board, the Texas State Board of Podiatric Medical Examiners, the |
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| 19 | 19 | | State Board of Dental Examiners, the State Board of Veterinary |
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| 20 | 20 | | Medical Examiners, the Texas Board of Nursing, or the Texas |
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| 21 | 21 | | Optometry Board; |
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| 22 | 22 | | (2) an authorized officer or member of the department |
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| 23 | 23 | | or authorized employee of the board engaged in the administration, |
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| 24 | 24 | | investigation, or enforcement of this chapter or another law |
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| 25 | 25 | | governing illicit drugs in this state or another state; |
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| 26 | 26 | | (3) the department on behalf of a law enforcement or |
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| 27 | 27 | | prosecutorial official engaged in the administration, |
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| 28 | 28 | | investigation, or enforcement of this chapter or another law |
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| 29 | 29 | | governing illicit drugs in this state or another state; |
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| 30 | 30 | | (4) a medical examiner conducting an investigation; |
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| 31 | 31 | | (5) a pharmacist or a pharmacy technician, as defined |
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| 32 | 32 | | by Section 551.003, Occupations Code, acting at the direction of a |
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| 33 | 33 | | pharmacist or a practitioner who is a physician, dentist, |
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| 34 | 34 | | veterinarian, podiatrist, optometrist, or advanced practice nurse |
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| 35 | 35 | | or is a physician assistant described by Section 481.002(39)(D) or |
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| 36 | 36 | | an employee or other agent of a practitioner acting at the direction |
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| 37 | 37 | | of a practitioner and is inquiring about a recent Schedule II, III, |
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| 38 | 38 | | IV, or V prescription history of a particular patient of the |
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| 39 | 39 | | practitioner, provided that the person accessing the information is |
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| 40 | 40 | | authorized to do so under the Health Insurance Portability and |
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| 41 | 41 | | Accountability Act of 1996 (Pub. L. No. 104-191) and rules adopted |
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| 42 | 42 | | under that Act; |
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| 43 | 43 | | (5-a) a practitioner inquiring about a recent Schedule |
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| 44 | 44 | | II, III, IV, or V prescription history of a particular patient of |
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| 45 | 45 | | the practitioner, provided that the practitioner is authorized to |
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| 46 | 46 | | do so under the Health Insurance Portability and Accountability Act |
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| 47 | 47 | | of 1996 (Pub. L. No. 104-191) and rules adopted under that Act; |
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| 48 | 48 | | (6) a pharmacist or practitioner who is inquiring |
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| 49 | 49 | | about the person's own dispensing or prescribing activity; or |
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| 50 | 50 | | (7) one or more states or an association of states with |
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| 51 | 51 | | which the board has an interoperability agreement, as provided by |
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| 52 | 52 | | Subsection (j). |
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| 53 | 53 | | SECTION 2. Subchapter C, Chapter 481, Health and Safety |
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| 54 | 54 | | Code, is amended by adding Section 481.0762 to read as follows: |
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| 55 | 55 | | Sec. 481.0762. DUTIES OF PHARMACISTS AND PRACTITIONERS. |
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| 56 | 56 | | (a) A person authorized to access information under Section |
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| 57 | 57 | | 481.076(a)(5) or (5-a) shall access that information to review a |
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| 58 | 58 | | patient's recent prescription history regarding opioids, |
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| 59 | 59 | | benzodiazepines, barbiturates, and carisoprodol before prescribing |
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| 60 | 60 | | or dispensing any of those drugs to the patient. |
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| 61 | 61 | | (b) Each regulatory agency with jurisdiction over a person |
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| 62 | 62 | | authorized to access information under Section 481.076(a)(5) or |
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| 63 | 63 | | (5-a) may monitor the prescribing or dispensing actions of the |
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| 64 | 64 | | person. |
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| 65 | 65 | | (c) A violation of Subsection (a) is grounds for |
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| 66 | 66 | | disciplinary action by the regulatory agency that issued a license, |
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| 67 | 67 | | certification, or registration to the person who committed the |
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| 68 | 68 | | violation. |
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| 69 | 69 | | SECTION 3. The change in law made by this Act applies only |
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| 70 | 70 | | to a prescription issued on or after the effective date of this Act. |
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| 71 | 71 | | A prescription issued before the effective date of this Act is |
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| 72 | 72 | | governed by the law in effect on the date the prescription is |
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| 73 | 73 | | issued, and the former law is continued in effect for that purpose. |
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| 74 | 74 | | SECTION 4. This Act takes effect September 1, 2017. |
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