Texas 2019 - 86th Regular

Texas House Bill HB2087 Compare Versions

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

Old	New	Differences
1	1	86R9520 JSC-D
2	2	By: Dean H.B. No. 2087
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to Schedule II controlled substance prescriptions under
8	8	the Texas Controlled Substances Act.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 481.003(a), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(a) The director may adopt rules to administer and enforce
13	13	this chapter, other than Sections 481.073, 481.074, 481.075,
14	14	481.0755, 481.076, 481.0761, 481.0762, 481.0763, 481.0764,
15	15	481.0765, and 481.0766. The board may adopt rules to administer
16	16	Sections 481.073, 481.074, 481.075, 481.0755, 481.076, 481.0761,
17	17	481.0762, 481.0763, 481.0764, 481.0765, and 481.0766.
18	18	SECTION 2. Subchapter C, Chapter 481, Health and Safety
19	19	Code, is amended by adding Section 481.0755 to read as follows:
20	20	Sec. 481.0755. WRITTEN, ORAL, AND TELEPHONICALLY
21	21	COMMUNICATED PRESCRIPTIONS FOR SCHEDULE II CONTROLLED SUBSTANCES.
22	22	(a) Notwithstanding any other provision of this subchapter, a
23	23	person prescribing or dispensing a Schedule II controlled substance
24	24	must use the electronic prescription record and may not use a
25	25	written, oral, or telephonically communicated prescription.
26	26	(b) A prescriber may issue a written, oral, or
27	27	telephonically communicated prescription for a Schedule II
28	28	controlled substance as authorized under this subchapter only if
29	29	the prescription is issued in an emergency, as defined by board
30	30	rule.
31	31	(c) A written, oral, or telephonically communicated
32	32	prescription must comply with the applicable requirements
33	33	prescribed by Sections 481.074 and 481.075.
34	34	SECTION 3. Section 481.128(a), Health and Safety Code, is
35	35	amended to read as follows:
36	36	(a) A registrant or dispenser commits an offense if the
37	37	registrant or dispenser knowingly:
38	38	(1) distributes, delivers, administers, or dispenses
39	39	a controlled substance in violation of Sections 481.070-481.0755
40	40	[481.070-481.075];
41	41	(2) manufactures a controlled substance not
42	42	authorized by the person's Federal Drug Enforcement Administration
43	43	registration or distributes or dispenses a controlled substance not
44	44	authorized by the person's registration to another registrant or
45	45	other person;
46	46	(3) refuses or fails to make, keep, or furnish a
47	47	record, report, notification, order form, statement, invoice, or
48	48	information required by this chapter;
49	49	(4) prints, manufactures, possesses, or produces an
50	50	official prescription form without the approval of the board;
51	51	(5) delivers or possesses a counterfeit official
52	52	prescription form;
53	53	(6) refuses an entry into a premise for an inspection
54	54	authorized by this chapter;
55	55	(7) refuses or fails to return an official
56	56	prescription form as required by Section 481.075(k);
57	57	(8) refuses or fails to make, keep, or furnish a
58	58	record, report, notification, order form, statement, invoice, or
59	59	information required by a rule adopted by the director or the board;
60	60	or
61	61	(9) refuses or fails to maintain security required by
62	62	this chapter or a rule adopted under this chapter.
63	63	SECTION 4. Section 481.129(a), Health and Safety Code, is
64	64	amended to read as follows:
65	65	(a) A person commits an offense if the person knowingly:
66	66	(1) distributes as a registrant or dispenser a
67	67	controlled substance listed in Schedule I or II, unless the person
68	68	distributes the controlled substance as authorized under the
69	69	federal Controlled Substances Act (21 U.S.C. Section 801 et seq.);
70	70	(2) uses in the course of manufacturing, prescribing,
71	71	or distributing a controlled substance a Federal Drug Enforcement
72	72	Administration registration number that is fictitious, revoked,
73	73	suspended, or issued to another person;
74	74	(3) issues a prescription bearing a forged or
75	75	fictitious signature;
76	76	(4) uses a prescription issued to another person to
77	77	prescribe a Schedule II controlled substance;
78	78	(5) possesses, obtains, or attempts to possess or
79	79	obtain a controlled substance or an increased quantity of a
80	80	controlled substance:
81	81	(A) by misrepresentation, fraud, forgery,
82	82	deception, or subterfuge;
83	83	(B) through use of a fraudulent prescription
84	84	form; [or]
85	85	(C) through use of a fraudulent oral or
86	86	telephonically communicated prescription; or
87	87	(D) through the use of a fraudulent electronic
88	88	prescription; or
89	89	(6) furnishes false or fraudulent material
90	90	information in or omits material information from an application,
91	91	report, record, or other document required to be kept or filed under
92	92	this chapter.
93	93	SECTION 5. Section 554.051(a-1), Occupations Code, is
94	94	amended to read as follows:
95	95	(a-1) The board may adopt rules to administer Sections
96	96	481.073, 481.074, 481.075, 481.0755, 481.076, 481.0761, 481.0762,
97	97	481.0763, 481.0764, 481.0765, and 481.0766, Health and Safety Code.
98	98	SECTION 6. Section 565.003, Occupations Code, is amended to
99	99	read as follows:
100	100	Sec. 565.003. ADDITIONAL GROUNDS FOR DISCIPLINE REGARDING
101	101	APPLICANT FOR OR HOLDER OF NONRESIDENT PHARMACY LICENSE. Unless
102	102	compliance would violate the pharmacy or drug statutes or rules in
103	103	the state in which the pharmacy is located, the board may discipline
104	104	an applicant for or the holder of a nonresident pharmacy license if
105	105	the board finds that the applicant or license holder has failed to
106	106	comply with:
107	107	(1) Section 481.073, 481.074, [or] 481.075, 481.0755,
108	108	481.076, 481.0761, 481.0762, 481.0763, 481.0764, 481.0765, or
109	109	481.0766, Health and Safety Code;
110	110	(2) Texas substitution requirements regarding:
111	111	(A) the practitioner's directions concerning
112	112	generic substitution;
113	113	(B) the patient's right to refuse generic
114	114	substitution; or
115	115	(C) notification to the patient of the patient's
116	116	right to refuse substitution;
117	117	(3) any board rule relating to providing drug
118	118	information to the patient or the patient's agent in written form or
119	119	by telephone; or
120	120	(4) any board rule adopted under Section 554.051(a)
121	121	and determined by the board to be applicable under Section
122	122	554.051(b).
123	123	SECTION 7. The change in law made by this Act applies only
124	124	to a prescription issued on or after the effective date of this Act.
125	125	A prescription issued before the effective date of this Act is
126	126	governed by the law in effect immediately before the effective date
127	127	of this Act, and the former law is continued in effect for that
128	128	purpose.
129	129	SECTION 8. This Act takes effect September 1, 2019.