Texas 2017 - 85th Regular

Texas Senate Bill SB316 Compare Versions

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1	1	85R30089 JSC-D
2	2	By: Hinojosa, et al. S.B. No. 316
3	3	(Gonzales of Williamson, Coleman)
4	4	Substitute the following for S.B. No. 316: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to powers and duties of certain prescribers and dispensers
10	10	of controlled substances and the regulatory agencies that issue a
11	11	license, certification, or registration to the prescriber or
12	12	dispenser; following the recommendations of the Sunset Advisory
13	13	Commission.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 481.003(a), Health and Safety Code, is
16	16	amended to read as follows:
17	17	(a) The director may adopt rules to administer and enforce
18	18	this chapter, other than Sections 481.073, 481.074, 481.075,
19	19	481.0751, 481.076, [and] 481.0761, 481.0762, 481.0763, 481.0764,
20	20	and 481.0765. The board may adopt rules to administer Sections
21	21	481.073, 481.074, 481.075, 481.0751, 481.076, [and] 481.0761,
22	22	481.0762, 481.0763, 481.0764, and 481.0765.
23	23	SECTION 2. Sections 481.074(k) and (q), Health and Safety
24	24	Code, are amended to read as follows:
25	25	(k) A prescription for a controlled substance must show:
26	26	(1) the quantity of the substance prescribed:
27	27	(A) numerically, followed by the number written
28	28	as a word, if the prescription is written;
29	29	(B) numerically, if the prescription is
30	30	electronic; or
31	31	(C) if the prescription is communicated orally or
32	32	telephonically, as transcribed by the receiving pharmacist;
33	33	(2) the date of issue;
34	34	(2-a) if the prescription is issued for a Schedule II
35	35	controlled substance to be filled at a later date under Subsection
36	36	(d-1), the earliest date on which a pharmacy may fill the
37	37	prescription;
38	38	(3) the name, address, and date of birth or age of the
39	39	patient or:
40	40	(A) [,] if the controlled substance is prescribed
41	41	for an individual animal:
42	42	(i) [,] the name, species, and actual or
43	43	estimated date of birth of the animal; and
44	44	(ii) the name and address of the animal's
45	45	[its] owner; or
46	46	(B) if the controlled substance is prescribed for
47	47	a group or herd of animals:
48	48	(i) an identifier for the group or herd and
49	49	the species of the group or herd; and
50	50	(ii) the name and address of the owner of
51	51	the group or herd or, if the group or herd is not owned by a person,
52	52	the name and address of the client to whom the controlled substance
53	53	is to be dispensed;
54	54	(4) the name and strength of the controlled substance
55	55	prescribed;
56	56	(5) the directions for use of the controlled
57	57	substance;
58	58	(6) the intended use of the substance prescribed
59	59	unless the practitioner determines the furnishing of this
60	60	information is not in the best interest of the patient;
61	61	(7) the name, address, Federal Drug Enforcement
62	62	Administration number, and telephone number of the practitioner at
63	63	the practitioner's usual place of business, which must be legibly
64	64	printed or stamped on a written prescription; and
65	65	(8) if the prescription is handwritten, the signature
66	66	of the prescribing practitioner.
67	67	(q) Each dispensing pharmacist shall send all required
68	68	information, including any information required to complete the
69	69	Schedule III through V prescription forms, to the board by
70	70	electronic transfer or another form approved by the board not later
71	71	than the next business [seventh] day after the date the
72	72	prescription is completely filled.
73	73	SECTION 3. Section 481.075(i), Health and Safety Code, is
74	74	amended to read as follows:
75	75	(i) Each dispensing pharmacist shall:
76	76	(1) fill in on the official prescription form or note
77	77	in the electronic prescription record each item of information
78	78	given orally to the dispensing pharmacy under Subsection (h) and
79	79	the date the prescription is filled, and:
80	80	(A) for a written prescription, fill in the
81	81	dispensing pharmacist's signature; or
82	82	(B) for an electronic prescription,
83	83	appropriately record the identity of the dispensing pharmacist in
84	84	the electronic prescription record;
85	85	(2) retain with the records of the pharmacy for at
86	86	least two years:
87	87	(A) the official prescription form or the
88	88	electronic prescription record, as applicable; and
89	89	(B) the name or other patient identification
90	90	required by Section 481.074(m) or (n); and
91	91	(3) send all required information, including any
92	92	information required to complete an official prescription form or
93	93	electronic prescription record, to the board by electronic transfer
94	94	or another form approved by the board not later than the next
95	95	business [seventh] day after the date the prescription is
96	96	completely filled.
97	97	SECTION 4. Subchapter C, Chapter 481, Health and Safety
98	98	Code, is amended by adding Section 481.0751 to read as follows:
99	99	Sec. 481.0751. DISPENSING VETERINARIANS. (a) This section
100	100	applies to a veterinarian who holds a registration issued by the
101	101	Federal Drug Enforcement Administration and dispenses Schedule II,
102	102	III, IV, or V controlled substances directly to the owner or handler
103	103	of an animal.
104	104	(b) Not later than the seventh day after the date the
105	105	veterinarian dispenses a controlled substance, the veterinarian
106	106	shall submit to the board:
107	107	(1) the name, strength, and quantity of the substance
108	108	dispensed;
109	109	(2) the date the substance was dispensed;
110	110	(3) the name of the individual animal or if the
111	111	substance is dispensed for a group or herd of animals, an identifier
112	112	for the group or herd;
113	113	(4) the species of the animal or group or herd of
114	114	animals;
115	115	(5) if the controlled substance is dispensed for an
116	116	individual animal, the actual or estimated date of birth of the
117	117	animal;
118	118	(6) as applicable, the name and address of:
119	119	(A) the owner of the individual animal;
120	120	(B) the owner of the group or herd; or
121	121	(C) if the controlled substance is dispensed for
122	122	a group or herd that is not owned by a person, the name and address
123	123	of the client to whom the controlled substance is dispensed; and
124	124	(7) the name, address, Federal Drug Enforcement
125	125	Administration number, and telephone number of the veterinarian at
126	126	the veterinarian's usual place of business.
127	127	(c) A veterinarian shall retain a record of the information
128	128	submitted to the board under Subsection (b) for a period of not less
129	129	than two years after the date the substance is dispensed.
130	130	(d) Failure to comply with this section is grounds for
131	131	disciplinary action by the State Board of Veterinary Medical
132	132	Examiners.
133	133	SECTION 5. Sections 481.076(a), (a-3), (a-4), (c), (d),
134	134	(i), and (j), Health and Safety Code, are amended to read as
135	135	follows:
136	136	(a) The board may not permit any person to have access to
137	137	information submitted to the board under Section 481.074(q), [or]
138	138	481.075, or 481.0751 except:
139	139	(1) [an investigator for] the board, the Texas Medical
140	140	Board, the Texas State Board of Podiatric Medical Examiners, the
141	141	State Board of Dental Examiners, the State Board of Veterinary
142	142	Medical Examiners, the Texas Board of Nursing, or the Texas
143	143	Optometry Board for the purpose of:
144	144	(A) investigating a specific license holder; or
145	145	(B) monitoring for potentially harmful
146	146	prescribing or dispensing patterns or practices under Section
147	147	481.0762;
148	148	(2) an authorized officer or member of the department
149	149	or authorized employee of the board engaged in the administration,
150	150	investigation, or enforcement of this chapter or another law
151	151	governing illicit drugs in this state or another state;
152	152	(3) the department on behalf of a law enforcement or
153	153	prosecutorial official engaged in the administration,
154	154	investigation, or enforcement of this chapter or another law
155	155	governing illicit drugs in this state or another state;
156	156	(4) a medical examiner conducting an investigation;
157	157	(5) provided that accessing the information is
158	158	authorized under the Health Insurance Portability and
159	159	Accountability Act of 1996 (Pub. L. No. 104-191) and regulations
160	160	adopted under that Act:
161	161	(A) a pharmacist or a pharmacy technician, as
162	162	defined by Section 551.003, Occupations Code, acting at the
163	163	direction of a pharmacist; or
164	164	(B) a practitioner who:
165	165	(i) is a physician, dentist, veterinarian,
166	166	podiatrist, optometrist, or advanced practice nurse or is a
167	167	physician assistant described by Section 481.002(39)(D) or an
168	168	employee or other agent of a practitioner acting at the direction of
169	169	a practitioner; and
170	170	(ii) is inquiring about a recent Schedule II,
171	171	III, IV, or V prescription history of a particular patient of the
172	172	practitioner[, provided that the person accessing the information
173	173	is authorized to do so under the Health Insurance Portability and
174	174	Accountability Act of 1996 (Pub. L. No. 104-191) and rules adopted
175	175	under that Act];
176	176	(6) a pharmacist or practitioner who is inquiring
177	177	about the person's own dispensing or prescribing activity; or
178	178	(7) one or more states or an association of states with
179	179	which the board has an interoperability agreement, as provided by
180	180	Subsection (j).
181	181	(a-3) The board shall ensure that the department has
182	182	unrestricted access at all times to information submitted to the
183	183	board under Sections 481.074(q), [and] 481.075, and 481.0751. The
184	184	department's access to the information shall be provided through a
185	185	secure electronic portal under the exclusive control of the
186	186	department. The department shall pay all expenses associated with
187	187	the electronic portal.
188	188	(a-4) A law enforcement or prosecutorial official described
189	189	by Subsection (a)(3) may obtain information submitted to the board
190	190	under Section 481.074(q), [or] 481.075, or 481.0751 only if the
191	191	official submits a request to the department. If the department
192	192	finds that the official has shown proper need for the information,
193	193	the department shall provide access to the relevant information.
194	194	(c) The board by rule shall design and implement a system
195	195	for submission of information to the board by electronic or other
196	196	means and for retrieval of information submitted to the board under
197	197	this section and Sections 481.074, [and] 481.075, and 481.0751.
198	198	The board shall use automated information security techniques and
199	199	devices to preclude improper access to the information. The board
200	200	shall submit the system design to the director and the Texas Medical
201	201	Board for review and comment a reasonable time before
202	202	implementation of the system and shall comply with the comments of
203	203	those agencies unless it is unreasonable to do so.
204	204	(d) Information submitted to the board under this section
205	205	may be used only for:
206	206	(1) the administration, investigation, or enforcement
207	207	of this chapter or another law governing illicit drugs in this state
208	208	or another state;
209	209	(2) investigatory, [or] evidentiary, or monitoring
210	210	purposes in connection with the functions of an agency listed in
211	211	Subsection (a)(1);
212	212	(3) the prescribing and dispensing of controlled
213	213	substances by a person listed in Subsection (a)(5); or
214	214	(4) [(3)] dissemination by the board to the public in
215	215	the form of a statistical tabulation or report if all information
216	216	reasonably likely to reveal the identity of each patient,
217	217	practitioner, or other person who is a subject of the information
218	218	has been removed.
219	219	(i) Information submitted to the board under Section
220	220	481.074(q), [or] 481.075, or 481.0751 is confidential and remains
221	221	confidential regardless of whether the board permits access to the
222	222	information under this section.
223	223	(j) The board may enter into an interoperability agreement
224	224	with one or more states or an association of states authorizing the
225	225	board to access prescription monitoring information maintained or
226	226	collected by the other state or states or the association,
227	227	including information maintained on a central database such as the
228	228	National Association of Boards of Pharmacy Prescription Monitoring
229	229	Program InterConnect. Pursuant to an interoperability agreement,
230	230	the board may authorize the prescription monitoring program of one
231	231	or more states or an association of states to access information
232	232	submitted to the board under Sections 481.074(q), [and] 481.075,
233	233	and 481.0751, including by submitting or sharing information
234	234	through a central database such as the National Association of
235	235	Boards of Pharmacy Prescription Monitoring Program InterConnect.
236	236	SECTION 6. Section 481.0761, Health and Safety Code, is
237	237	amended by amending Subsections (a) and (c) and adding Subsections
238	238	(h), (i), (j), (k), and (l) to read as follows:
239	239	(a) The board shall by rule establish and revise as
240	240	necessary a standardized database format that may be used by a
241	241	pharmacy to transmit the information required by Sections
242	242	481.074(q), [and] 481.075(i), and 481.0751 to the board
243	243	electronically or to deliver the information on storage media,
244	244	including disks, tapes, and cassettes.
245	245	(c) The board by rule may:
246	246	(1) permit more than one prescription to be
247	247	administered or dispensed and recorded on one prescription form for
248	248	a Schedule III through V controlled substance;
249	249	(1-a) establish a procedure for the issuance of
250	250	multiple prescriptions of a Schedule II controlled substance under
251	251	Section 481.074(d-1);
252	252	(2) remove from or return to the official prescription
253	253	program any aspect of a practitioner's or pharmacist's hospital
254	254	practice, including administering or dispensing;
255	255	(3) waive or delay any requirement relating to the
256	256	time or manner of reporting;
257	257	(4) establish compatibility protocols for electronic
258	258	data transfer hardware, software, or format, including any
259	259	necessary modifications for participation in a database described
260	260	by Section 481.076(j);
261	261	(5) establish a procedure to control the release of
262	262	information under Sections 481.074, 481.075, 481.0751, and
263	263	481.076; and
264	264	(6) establish a minimum level of prescription activity
265	265	below which a reporting activity may be modified or deleted.
266	266	(h) The board, in consultation with the department and the
267	267	regulatory agencies listed in Section 481.076(a)(1) shall identify
268	268	potentially harmful prescribing or dispensing patterns or
269	269	practices that may suggest drug diversion or drug abuse. The board
270	270	shall develop indicators for levels of prescriber or patient
271	271	activity that suggest that a potentially harmful prescribing or
272	272	dispensing pattern or practice may be occurring or that drug
273	273	diversion or drug abuse may be occurring.
274	274	(i) The board may, based on the indicators developed under
275	275	Subsection (h), send a prescriber or dispenser an electronic
276	276	notification if the information submitted under Sections
277	277	481.074(q), 481.075, and 481.0751 indicates that a potentially
278	278	harmful prescribing or dispensing pattern or practice may be
279	279	occurring or that drug diversion or drug abuse may be occurring.
280	280	(j) The board by rule may develop guidelines identifying
281	281	patterns that may indicate that a particular patient to whom a
282	282	controlled substance is prescribed or dispensed is engaging in drug
283	283	diversion or drug abuse. These guidelines may be based on the
284	284	frequency of prescriptions issued to and filled by the patient, the
285	285	types of controlled substances prescribed, and the number of
286	286	prescribers who prescribe controlled substances to the patient.
287	287	The board may, based on the guidelines developed under this
288	288	subsection, send a prescriber or dispenser an electronic
289	289	notification if there is reason to believe that a particular
290	290	patient is engaging in drug diversion or drug abuse.
291	291	(k) The board by rule may develop guidelines identifying
292	292	additional behavior that would suggest that drug diversion or drug
293	293	abuse is occurring. A person described by Section 481.076(a)(5)(A)
294	294	who observes that behavior by a person to whom a controlled
295	295	substance is to be dispensed shall access the information under
296	296	Section 481.076(a)(5) regarding the patient for whom the
297	297	prescription for the controlled substance was issued.
298	298	(l) If the board finds that the electronic system used by
299	299	the board in maintaining the information under Section 481.076
300	300	requires data elements that cannot be provided for a prescription
301	301	or dispensation of a controlled substance to a group or herd of
302	302	animals, the board, in consultation with the State Board of
303	303	Veterinary Medical Examiners, shall adopt rules relating to the
304	304	specific format in which a person may enter or submit those data
305	305	elements with respect to the group or herd.
306	306	SECTION 7. Subchapter C, Chapter 481, Health and Safety
307	307	Code, is amended by adding Sections 481.0762, 481.0763, 481.0764,
308	308	and 481.0765 to read as follows:
309	309	Sec. 481.0762. MONITORING BY REGULATORY AGENCY. (a) Each
310	310	regulatory agency that issues a license, certification, or
311	311	registration to a prescriber shall promulgate specific guidelines
312	312	for prescribers regulated by that agency for the responsible
313	313	prescribing of opioids, benzodiazepines, barbiturates, or
314	314	carisoprodol.
315	315	(b) A regulatory agency that issues a license,
316	316	certification, or registration to a prescriber shall periodically
317	317	access the information submitted to the board under Sections
318	318	481.074(q), 481.075, and 481.0751 to determine whether a prescriber
319	319	is engaging in potentially harmful prescribing patterns or
320	320	practices.
321	321	(c) The State Board of Veterinary Medical Examiners shall
322	322	periodically access the information submitted to the board under
323	323	Sections 481.074(q), 481.075, and 481.0751 to determine whether a
324	324	veterinarian is engaging in potentially harmful prescribing or
325	325	dispensing patterns or practices.
326	326	(d) If the board sends a prescriber or dispensing
327	327	veterinarian an electronic notification authorized under Section
328	328	481.0761(i), the board shall immediately send an electronic
329	329	notification to the appropriate regulatory agency.
330	330	(e) In determining whether a potentially harmful
331	331	prescribing or dispensing pattern or practice is occurring, the
332	332	appropriate regulatory agency, at a minimum, shall consider:
333	333	(1) the number of times a prescriber prescribes or a
334	334	veterinarian dispenses opioids, benzodiazepines, barbiturates, or
335	335	carisoprodol; and
336	336	(2) for prescriptions and dispensations described by
337	337	Subdivision (1), patterns of prescribing or dispensing
338	338	combinations of those drugs and other dangerous combinations of
339	339	drugs identified by the board.
340	340	(f) If, during a periodic check under this section, the
341	341	regulatory agency finds evidence that a prescriber may be engaging
342	342	in potentially harmful prescribing or dispensing patterns or
343	343	practices, the regulatory agency may notify that prescriber.
344	344	(g) A regulatory agency may open a complaint against a
345	345	prescriber if the agency finds evidence during a periodic check
346	346	under this section that the prescriber is engaging in conduct that
347	347	violates this subchapter or any other statute or rule.
348	348	Sec. 481.0763. REGISTRATION BY REGULATORY AGENCY. A
349	349	regulatory agency that issues a license, certification, or
350	350	registration to a prescriber or dispenser shall provide the board
351	351	with any necessary information for each prescriber or dispenser,
352	352	including contact information for the notifications described by
353	353	Sections 481.0761(i) and (j), to register the prescriber or
354	354	dispenser with the system by which the prescriber or dispenser
355	355	receives information as authorized under Section 481.076(a)(5).
356	356	Sec. 481.0764. DUTIES OF PRESCRIBERS, PHARMACISTS, AND
357	357	RELATED HEALTH CARE PRACTITIONERS. (a) A person authorized to
358	358	receive information under Section 481.076(a)(5) shall access that
359	359	information with respect to the patient before prescribing or
360	360	dispensing opioids, benzodiazepines, barbiturates, or
361	361	carisoprodol.
362	362	(b) A person authorized to receive information under
363	363	Section 481.076(a)(5) may access that information with respect to
364	364	the patient before prescribing or dispensing any controlled
365	365	substance.
366	366	(c) A veterinarian subject to this section is required to
367	367	access the information for prescriptions dispensed only for the
368	368	animals of an owner and may not consider the personal prescription
369	369	history of the owner.
370	370	(d) A violation of Subsection (a) is grounds for
371	371	disciplinary action by the regulatory agency that issued a license,
372	372	certification, or registration to the person who committed the
373	373	violation.
374	374	(e) This section does not grant a person the authority to
375	375	issue prescriptions for or dispense controlled substances.
376	376	Sec. 481.0765. EXCEPTIONS. (a) A prescriber is not subject
377	377	to the requirements of Section 481.0764(a) if:
378	378	(1) the patient has been diagnosed with cancer or the
379	379	patient is receiving hospice care; and
380	380	(2) the prescriber clearly notes in the prescription
381	381	record that the patient was diagnosed with cancer or is receiving
382	382	hospice care, as applicable.
383	383	(b) A dispenser is not subject to the requirements of
384	384	Section 481.0764(a) if it is clearly noted in the prescription
385	385	record that the patient has been diagnosed with cancer or is
386	386	receiving hospice care.
387	387	(c) A prescriber is not subject to the requirements of
388	388	Section 481.0764(a) if:
389	389	(1) the prescription is for a controlled substance in
390	390	a quantity not to exceed a five-day supply;
391	391	(2) the prescription does not authorize any refills;
392	392	(3) the prescription is issued:
393	393	(A) pursuant to a patient's emergency medical
394	394	condition; or
395	395	(B) following the patient's surgical procedure;
396	396	and
397	397	(4) the prescriber clearly notes in the prescription
398	398	record that the prescription was issued pursuant to the patient's
399	399	emergency medical condition or following the patient's surgical
400	400	procedure, as applicable.
401	401	(d) A dispenser is not subject to the requirements of
402	402	Section 481.0764(a) if:
403	403	(1) the prescription is for a controlled substance in
404	404	a quantity not to exceed a five-day supply;
405	405	(2) the prescription does not authorize any refills;
406	406	and
407	407	(3) it is clearly noted in the prescription record
408	408	that the prescription was issued pursuant to a patient's emergency
409	409	medical condition or following a patient's surgical procedure, as
410	410	applicable.
411	411	(e) A prescriber or dispenser is not subject to the
412	412	requirements of Section 481.0764(a) and a dispenser is not subject
413	413	to a rule adopted under Section 481.0761(k) if the prescriber or
414	414	dispenser makes a good faith attempt to comply but is unable to
415	415	access the information under Section 481.076(a)(5) because of
416	416	circumstances outside the control of the prescriber or dispenser.
417	417	SECTION 8. Section 481.127(a), Health and Safety Code, is
418	418	amended to read as follows:
419	419	(a) A person commits an offense if the person knowingly
420	420	gives, permits, or obtains unauthorized access to information
421	421	submitted to the board under Section 481.074(q), [or] 481.075, or
422	422	481.0751.
423	423	SECTION 9. Section 554.051(a-1), Occupations Code, is
424	424	amended to read as follows:
425	425	(a-1) The board may adopt rules to administer Sections
426	426	481.073, 481.074, 481.075, 481.0751, 481.076, [and] 481.0761,
427	427	481.0762, 481.0763, 481.0764, and 481.0765, Health and Safety Code.
428	428	SECTION 10. (a) A joint interim committee is created to
429	429	conduct an interim study on the monitoring of the prescribing and
430	430	dispensing of controlled substances in this state.
431	431	(b) The joint interim committee shall be composed of three
432	432	senators appointed by the lieutenant governor and three members of
433	433	the house of representatives appointed by the speaker of the house
434	434	of representatives.
435	435	(c) The lieutenant governor and speaker of the house of
436	436	representatives shall each designate a co-chair from among the
437	437	joint interim committee members.
438	438	(d) The joint interim committee shall convene at the joint
439	439	call of the co-chairs.
440	440	(e) The joint interim committee has all other powers and
441	441	duties provided to a special or select committee by the rules of the
442	442	senate and house of representatives, by Subchapter B, Chapter 301,
443	443	Government Code, and by policies of the senate and house committees
444	444	on administration.
445	445	(f) The interim study conducted by the joint interim
446	446	committee must:
447	447	(1) include the number of prescribers and dispensers
448	448	registered to receive information electronically under Section
449	449	481.076, Health and Safety Code, as amended by this Act;
450	450	(2) evaluate the accessing of information under
451	451	Section 481.076, Health and Safety Code, as amended by this Act, by
452	452	regulatory agencies to monitor persons issued a license,
453	453	certification, or registration by those agencies;
454	454	(3) address any complaints, technical difficulties,
455	455	or other issues with electronically accessing and receiving
456	456	information under Section 481.076, Health and Safety Code, as
457	457	amended by this Act;
458	458	(4) examine controlled substance prescribing and
459	459	dispensing trends that may be affected by the passage and
460	460	implementation of this Act;
461	461	(5) evaluate the use and effectiveness of electronic
462	462	notifications sent to prescribers and dispensers under Sections
463	463	481.0761(i) and (j), Health and Safety Code, as added by this Act;
464	464	(6) evaluate the use and effectiveness of identifying
465	465	geographic anomalies in comparing delivery and dispensing data;
466	466	(7) evaluate the integration of any new data elements
467	467	required to be reported under this Act, including information from
468	468	veterinarians regarding controlled substances prescribed or
469	469	dispensed for animals;
470	470	(8) evaluate the existence and scope of diversion of
471	471	controlled substances by animal owners to whom the substances are
472	472	dispensed by veterinarians;
473	473	(9) explore the best methods for preventing the
474	474	diversion of controlled substances by animal owners, including
475	475	veterinary reporting under Section 481.0751, Health and Safety
476	476	Code, as added by this Act; and
477	477	(10) determine how mandated reporting by
478	478	veterinarians under Section 481.0751, Health and Safety Code, as
479	479	added by this Act, might best be tailored to fit the practice of
480	480	veterinary medicine.
481	481	(g) The committee shall solicit feedback from regulatory
482	482	agencies, prescribers, dispensers, and patients affected by the
483	483	passage of this Act.
484	484	(h) The committee shall submit a report to the legislature
485	485	on the results of the interim study, including any legislative
486	486	recommendations for improvements to information access and
487	487	controlled substance prescription monitoring, not later than
488	488	January 1, 2019.
489	489	(i) Subject to available resources, the Texas Legislative
490	490	Council shall provide legal and policy research, drafts of proposed
491	491	legislation, and statistical analysis services to the joint interim
492	492	committee for the purpose of the study required under this section.
493	493	(j) Notwithstanding Section 481.076, Health and Safety
494	494	Code, as amended by this Act, or any other law relating to access to
495	495	or disclosure of prescription drug information maintained by the
496	496	Texas State Board of Pharmacy, the Texas State Board of Pharmacy
497	497	shall disclose any information maintained by the board under
498	498	Section 481.076, Health and Safety Code, to the Texas Legislative
499	499	Council on request of the council for the purpose of assisting with
500	500	the study required under this section.
501	501	(k) Not later than November 1, 2017, the lieutenant governor
502	502	and speaker of the house of representatives shall appoint the
503	503	members of the joint interim committee in accordance with this
504	504	section.
505	505	(l) The joint interim committee created under this section
506	506	is abolished and this section expires January 2, 2019.
507	507	SECTION 11. (a) Notwithstanding Section 481.0751(b),
508	508	Health and Safety Code, as added by this Act:
509	509	(1) a veterinarian who dispenses a controlled
510	510	substance before January 1, 2018, is not required to submit the
511	511	information under that subsection to the Texas State Board of
512	512	Pharmacy; and
513	513	(2) a veterinarian who dispenses a controlled
514	514	substance on or after January 1, 2018, but before September 1, 2019,
515	515	is required to submit the information under that subsection to the
516	516	Texas State Board of Pharmacy not later than the 30th day after the
517	517	date the veterinarian dispenses the controlled substance.
518	518	(b) A veterinarian who dispenses a controlled substance on
519	519	or after September 1, 2019, is required to comply with Section
520	520	481.0751(b), Health and Safety Code, as added by this Act.
521	521	SECTION 12. A person is not required to comply with Section
522	522	481.0761(k), Health and Safety Code, as added by this Act, before
523	523	September 1, 2019.
524	524	SECTION 13. Section 481.0764(a), Health and Safety Code, as
525	525	added by this Act, applies only to:
526	526	(1) a prescriber who issues a prescription for a
527	527	controlled substance on or after September 1, 2019; or
528	528	(2) a person authorized by law to dispense a
529	529	controlled substance who dispenses a controlled substance on or
530	530	after September 1, 2019.
531	531	SECTION 14. This Act takes effect September 1, 2017.