Texas 2019 - 86th Regular

Texas House Bill HB1668 Compare Versions

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

Old	New	Differences
1	1	86R2706 SOS-D
2	2	By: Allison H.B. No. 1668
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of pharmacists and
8	8	pharmacies.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 481.075(i), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(i) Each dispensing pharmacist shall:
13	13	(1) fill in on the official prescription form or note
14	14	in the electronic prescription record each item of information
15	15	given orally to the dispensing pharmacy under Subsection (h) and
16	16	the date the prescription is filled, and:
17	17	(A) for a written prescription, fill in the
18	18	dispensing pharmacist's signature; or
19	19	(B) for an electronic prescription,
20	20	appropriately record the identity of the dispensing pharmacist in
21	21	the electronic prescription record;
22	22	(2) retain with the records of the pharmacy for at
23	23	least two years:
24	24	(A) the official prescription form or the
25	25	electronic prescription record, as applicable; and
26	26	(B) the name or other patient identification
27	27	required by Section 481.074(m) or (n); [and]
28	28	(3) send all required information, including any
29	29	information required to complete an official prescription form or
30	30	electronic prescription record, to the board by electronic transfer
31	31	or another form approved by the board not later than the next
32	32	business day after the date the prescription is completely filled;
33	33	and
34	34	(4) if the pharmacy does not dispense any controlled
35	35	substance prescriptions during a period of seven consecutive days,
36	36	send a report to the board indicating that the pharmacy did not
37	37	dispense any controlled substance prescriptions during that
38	38	period, unless the pharmacy has obtained a waiver or permission to
39	39	delay reporting to the board.
40	40	SECTION 2. Sections 481.076(a) and (k), Health and Safety
41	41	Code, are amended to read as follows:
42	42	(a) The board may not permit any person to have access to
43	43	information submitted to the board under Section 481.074(q) or
44	44	481.075 except:
45	45	(1) the board, the Texas Medical Board, the Texas
46	46	Department of Licensing and Regulation, with respect to the
47	47	regulation of podiatrists [State Board of Podiatric Medical
48	48	Examiners], the State Board of Dental Examiners, the State Board of
49	49	Veterinary Medical Examiners, the Texas Board of Nursing, or the
50	50	Texas Optometry Board for the purpose of:
51	51	(A) investigating a specific license holder; or
52	52	(B) monitoring for potentially harmful
53	53	prescribing or dispensing patterns or practices under Section
54	54	481.0762;
55	55	(2) an authorized officer or member of the department
56	56	or authorized employee of the board engaged in the administration,
57	57	investigation, or enforcement of this chapter or another law
58	58	governing illicit drugs in this state or another state;
59	59	(3) the department on behalf of a law enforcement or
60	60	prosecutorial official engaged in the administration,
61	61	investigation, or enforcement of this chapter or another law
62	62	governing illicit drugs in this state or another state;
63	63	(4) a medical examiner conducting an investigation;
64	64	(5) provided that accessing the information is
65	65	authorized under the Health Insurance Portability and
66	66	Accountability Act of 1996 (Pub. L. No. 104-191) and regulations
67	67	adopted under that Act:
68	68	(A) a pharmacist or a pharmacist-intern,
69	69	pharmacy technician, or pharmacy technician trainee, as defined by
70	70	Section 551.003, Occupations Code, acting at the direction of a
71	71	pharmacist, who is inquiring about a recent Schedule II, III, IV, or
72	72	V prescription history of a particular patient of the pharmacist;
73	73	or
74	74	(B) a practitioner who:
75	75	(i) is a physician, dentist, veterinarian,
76	76	podiatrist, optometrist, or advanced practice nurse or is a
77	77	physician assistant described by Section 481.002(39)(D) or an
78	78	employee or other agent of a practitioner acting at the direction of
79	79	a practitioner; and
80	80	(ii) is inquiring about a recent Schedule
81	81	II, III, IV, or V prescription history of a particular patient of
82	82	the practitioner;
83	83	(6) a pharmacist or practitioner who is inquiring
84	84	about the person's own dispensing or prescribing activity or a
85	85	practitioner who is inquiring about the prescribing activity of an
86	86	individual to whom the practitioner has delegated prescribing
87	87	authority; or
88	88	(7) one or more states or an association of states with
89	89	which the board has an interoperability agreement, as provided by
90	90	Subsection (j).
91	91	(k) A person authorized to access information under
92	92	Subsection (a)(4) or (5) who is registered with the board for
93	93	electronic access to the information is entitled to directly access
94	94	the information available from other states pursuant to an
95	95	interoperability agreement described by Subsection (j).
96	96	SECTION 3. Section 481.0766(a), Health and Safety Code, is
97	97	amended to read as follows:
98	98	(a) A wholesale distributor shall report to the board the
99	99	distribution of all Schedules II, III, IV, and V controlled
100	100	substances [information that the distributor is required to report
101	101	to the Automation of Reports and Consolidated Orders System (ARCOS)
102	102	of the Federal Drug Enforcement Administration for the distribution
103	103	of a controlled substance] by the distributor to a person in this
104	104	state. The distributor shall report the information to the board in
105	105	the same format and with the same frequency as the information is
106	106	reported to the Federal Drug Enforcement Administration [ARCOS].
107	107	SECTION 4. Section 481.353(a), Health and Safety Code, is
108	108	amended to read as follows:
109	109	(a) The work group shall meet when necessary as determined
110	110	by the board [at least quarterly].
111	111	SECTION 5. Section 560.051(f), Occupations Code, is amended
112	112	to read as follows:
113	113	(f) A Class E pharmacy license or nonresident pharmacy
114	114	license may be issued to a pharmacy located in another state whose
115	115	primary business is to:
116	116	(1) [(A)] dispense a prescription drug or device under
117	117	a prescription drug order[;] and
118	118	[(B)] deliver the drug or device to a patient,
119	119	including a patient in this state, by United States mail, common
120	120	carrier, or delivery service;
121	121	(2) process a prescription drug order for a patient,
122	122	including a patient in this state; or
123	123	(3) perform another pharmaceutical service, as
124	124	defined by board rule.
125	125	SECTION 6. The following provisions of the Occupations Code
126	126	are repealed:
127	127	(1) Sections 554.016, 556.0555, 560.001(c), 560.0525,
128	128	561.003(f), 562.101(f-1), and 562.111; and
129	129	(2) Subchapter E, Chapter 562.
130	130	SECTION 7. This Act takes effect September 1, 2019.