86R9520 JSC-D
By: Dean H.B. No. 2087
A BILL TO BE ENTITLED
AN ACT
relating to Schedule II controlled substance prescriptions under
the Texas Controlled Substances Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.003(a), Health and Safety Code, is
amended to read as follows:
(a) The director may adopt rules to administer and enforce
this chapter, other than Sections 481.073, 481.074, 481.075,
481.0755, 481.076, 481.0761, 481.0762, 481.0763, 481.0764,
481.0765, and 481.0766. The board may adopt rules to administer
Sections 481.073, 481.074, 481.075, 481.0755, 481.076, 481.0761,
481.0762, 481.0763, 481.0764, 481.0765, and 481.0766.
SECTION 2. Subchapter C, Chapter 481, Health and Safety
Code, is amended by adding Section 481.0755 to read as follows:
Sec. 481.0755. WRITTEN, ORAL, AND TELEPHONICALLY
COMMUNICATED PRESCRIPTIONS FOR SCHEDULE II CONTROLLED SUBSTANCES.
(a) Notwithstanding any other provision of this subchapter, a
person prescribing or dispensing a Schedule II controlled substance
must use the electronic prescription record and may not use a
written, oral, or telephonically communicated prescription.
(b) A prescriber may issue a written, oral, or
telephonically communicated prescription for a Schedule II
controlled substance as authorized under this subchapter only if
the prescription is issued in an emergency, as defined by board
rule.
(c) A written, oral, or telephonically communicated
prescription must comply with the applicable requirements
prescribed by Sections 481.074 and 481.075.
SECTION 3. Section 481.128(a), Health and Safety Code, is
amended to read as follows:
(a) A registrant or dispenser commits an offense if the
registrant or dispenser knowingly:
(1) distributes, delivers, administers, or dispenses
a controlled substance in violation of Sections 481.070-481.0755
[481.070-481.075];
(2) manufactures a controlled substance not
authorized by the person's Federal Drug Enforcement Administration
registration or distributes or dispenses a controlled substance not
authorized by the person's registration to another registrant or
other person;
(3) refuses or fails to make, keep, or furnish a
record, report, notification, order form, statement, invoice, or
information required by this chapter;
(4) prints, manufactures, possesses, or produces an
official prescription form without the approval of the board;
(5) delivers or possesses a counterfeit official
prescription form;
(6) refuses an entry into a premise for an inspection
authorized by this chapter;
(7) refuses or fails to return an official
prescription form as required by Section 481.075(k);
(8) refuses or fails to make, keep, or furnish a
record, report, notification, order form, statement, invoice, or
information required by a rule adopted by the director or the board;
or
(9) refuses or fails to maintain security required by
this chapter or a rule adopted under this chapter.
SECTION 4. Section 481.129(a), Health and Safety Code, is
amended to read as follows:
(a) A person commits an offense if the person knowingly:
(1) distributes as a registrant or dispenser a
controlled substance listed in Schedule I or II, unless the person
distributes the controlled substance as authorized under the
federal Controlled Substances Act (21 U.S.C. Section 801 et seq.);
(2) uses in the course of manufacturing, prescribing,
or distributing a controlled substance a Federal Drug Enforcement
Administration registration number that is fictitious, revoked,
suspended, or issued to another person;
(3) issues a prescription bearing a forged or
fictitious signature;
(4) uses a prescription issued to another person to
prescribe a Schedule II controlled substance;
(5) possesses, obtains, or attempts to possess or
obtain a controlled substance or an increased quantity of a
controlled substance:
(A) by misrepresentation, fraud, forgery,
deception, or subterfuge;
(B) through use of a fraudulent prescription
form; [or]
(C) through use of a fraudulent oral or
telephonically communicated prescription; or
(D) through the use of a fraudulent electronic
prescription; or
(6) furnishes false or fraudulent material
information in or omits material information from an application,
report, record, or other document required to be kept or filed under
this chapter.
SECTION 5. Section 554.051(a-1), Occupations Code, is
amended to read as follows:
(a-1) The board may adopt rules to administer Sections
481.073, 481.074, 481.075, 481.0755, 481.076, 481.0761, 481.0762,
481.0763, 481.0764, 481.0765, and 481.0766, Health and Safety Code.
SECTION 6. Section 565.003, Occupations Code, is amended to
read as follows:
Sec. 565.003. ADDITIONAL GROUNDS FOR DISCIPLINE REGARDING
APPLICANT FOR OR HOLDER OF NONRESIDENT PHARMACY LICENSE. Unless
compliance would violate the pharmacy or drug statutes or rules in
the state in which the pharmacy is located, the board may discipline
an applicant for or the holder of a nonresident pharmacy license if
the board finds that the applicant or license holder has failed to
comply with:
(1) Section 481.073, 481.074, [or] 481.075, 481.0755,
481.076, 481.0761, 481.0762, 481.0763, 481.0764, 481.0765, or
481.0766, Health and Safety Code;
(2) Texas substitution requirements regarding:
(A) the practitioner's directions concerning
generic substitution;
(B) the patient's right to refuse generic
substitution; or
(C) notification to the patient of the patient's
right to refuse substitution;
(3) any board rule relating to providing drug
information to the patient or the patient's agent in written form or
by telephone; or
(4) any board rule adopted under Section 554.051(a)
and determined by the board to be applicable under Section
554.051(b).
SECTION 7. 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 immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose.
SECTION 8. This Act takes effect September 1, 2019.