Texas 2019 - 86th Regular

Texas House Bill HB2766 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R19798 JSC-F
2	2		By: Zerwas H.B. No. 2766
	3	+	Substitute the following for H.B. No. 2766:
	4	+	By: Thompson of Harris C.S.H.B. No. 2766
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to electronic and other controlled substance
8	10		prescriptions under the Texas Controlled Substances Act;
9	11		authorizing a fee.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Section 552.118, Government Code, is amended to
12	14		read as follows:
13	15		Sec. 552.118. EXCEPTION: CONFIDENTIALITY OF OFFICIAL
14	16		PRESCRIPTION PROGRAM INFORMATION. Information is excepted from the
15	17		requirements of Section 552.021 if it is:
16	18		(1) information on or derived from an official
17	19		prescription form filed with the Texas State Board of Pharmacy
18	20		under Section 481.0755, Health and Safety Code, or an electronic
19	21		prescription record filed with the Texas State Board of Pharmacy
20	22		under Section 481.075, Health and Safety Code; or
21	23		(2) other information collected under Section 481.075
22	24		or 481.0755 of that code.
23	25		SECTION 2. Sections 481.002(10) and (47), Health and Safety
24	26		Code, are amended to read as follows:
25	27		(10) "Designated agent" means an individual
26	28		designated under Section 481.074(b-2) [481.073] to communicate a
27	29		practitioner's instructions to a pharmacist in an emergency.
28	30		(47) "Official prescription form" means a
29	31		prescription form that is used for a Schedule II controlled
30	32		substance under Section 481.0755 and contains the prescription
31	33		information required by Section 481.0755(e) [481.075].
32	34		SECTION 3. Section 481.003(a), Health and Safety Code, is
33	35		amended to read as follows:
34	36		(a) The director may adopt rules to administer and enforce
35	37		this chapter, other than Sections [481.073,] 481.074, 481.075,
36	38		481.0755, 481.0756, 481.076, 481.0761, 481.0762, 481.0763,
37	39		481.0764, 481.0765, and 481.0766. The board may adopt rules to
38	40		administer Sections [481.073,] 481.074, 481.075, 481.0755,
39	41		481.0756, 481.076, 481.0761, 481.0762, 481.0763, 481.0764,
40	42		481.0765, and 481.0766.
41	43		SECTION 4. Section 481.074, Health and Safety Code, is
42	44		amended by amending Subsections (b), (c), (e), (f), (g), (h), (k),
43	45		and (q) and adding Subsections (b-1) and (b-2) to read as follows:
44	46		(b) Except in an emergency as defined by board rule under
45	47		Subsection (b-1) [of the board] or as otherwise provided by
46	48		[Subsection (o) or] Section 481.075(j) or (m) or 481.0755, a person
47	49		may not dispense or administer a controlled substance [listed in
48	50		Schedule II without a written prescription of a practitioner on an
49	51		official prescription form or] without an electronic prescription
50	52		that meets the requirements of and is completed by the practitioner
51	53		in accordance with Section 481.075.
52	54		(b-1) In an emergency as defined by board rule, a person may
53	55		dispense or administer a controlled substance [listed in Schedule
54	56		II] on the oral or telephonically communicated prescription of a
55	57		practitioner. The person who administers or dispenses the
56	58		substance shall:
57	59		(1) if the person is a prescribing practitioner or a
58	60		pharmacist, promptly comply with Subsection (c); or
59	61		(2) if the person is not a prescribing practitioner or
60	62		a pharmacist, promptly write the oral or telephonically
61	63		communicated prescription and include in the written record of the
62	64		prescription the name, address, and Federal Drug Enforcement
63	65		Administration number issued for prescribing a controlled
64	66		substance in this state of the prescribing practitioner, all
65	67		information required to be provided by a practitioner under Section
66	68		481.075(e)(1), and all information required to be provided by a
67	69		dispensing pharmacist under Section 481.075(e)(2).
68	70		(b-2) In an emergency described by Subsection (b-1), an
69	71		agent designated in writing by a practitioner defined by Section
70	72		481.002(39)(A) may communicate a prescription by telephone. A
71	73		practitioner who designates a different agent shall designate that
72	74		agent in writing and maintain the designation in the same manner in
73	75		which the practitioner initially designated an agent under this
74	76		subsection. On the request of a pharmacist, a practitioner shall
75	77		furnish a copy of the written designation. This subsection does not
76	78		relieve a practitioner or the practitioner's designated agent from
77	79		the requirement of Subchapter A, Chapter 562, Occupations Code. A
78	80		practitioner is personally responsible for the actions of the
79	81		designated agent in communicating a prescription to a pharmacist.
80	82		(c) Not later than the seventh day after the date a
81	83		prescribing practitioner authorizes an emergency oral or
82	84		telephonically communicated prescription, the prescribing
83	85		practitioner shall cause an [a written or] electronic prescription,
84	86		completed in the manner required by Section 481.075, to be
85	87		delivered to the dispensing pharmacist at the pharmacy where the
86	88		prescription was dispensed. [A written prescription may be
87	89		delivered in person or by mail. The envelope of a prescription
88	90		delivered by mail must be postmarked not later than the seventh day
89	91		after the date the prescription was authorized. On receipt of a
90	92		written prescription, the dispensing pharmacy shall file the
91	93		transcription of the telephonically communicated prescription and
92	94		the pharmacy copy and shall send information to the board as
93	95		required by Section 481.075.] On receipt of the [an] electronic
94	96		prescription, the pharmacist shall annotate the electronic
95	97		prescription record with the original authorization and date of the
96	98		emergency oral or telephonically communicated prescription.
97	99		(e) The partial filling of a prescription for a controlled
98	100		substance listed in Schedule II is permissible in accordance with
99	101		applicable federal law[, if the pharmacist is unable to supply the
100	102		full quantity called for in a written or electronic prescription or
101	103		emergency oral prescription and the pharmacist makes a notation of
102	104		the quantity supplied on the face of the written prescription, on
103	105		the written record of the emergency oral prescription, or in the
104	106		electronic prescription record. The remaining portion of the
105	107		prescription may be filled within 72 hours of the first partial
106	108		filling; however, if the remaining portion is not or cannot be
107	109		filled within the 72-hour period, the pharmacist shall so notify
108	110		the prescribing individual practitioner. No further quantity may
109	111		be supplied beyond 72 hours without a new prescription].
110	112		(f) A prescription for a Schedule II controlled substance
111	113		for a patient in a long-term care facility (LTCF) or for a patient
112	114		with a medical diagnosis documenting a terminal illness may be
113	115		filled in partial quantities to include individual dosage units.
114	116		If there is any question about whether a patient may be classified
115	117		as having a terminal illness, the pharmacist must contact the
116	118		practitioner before partially filling the prescription. Both the
117	119		pharmacist and the practitioner have a corresponding
118	120		responsibility to assure that the controlled substance is for a
119	121		terminally ill patient. The pharmacist must record the
120	122		prescription [on an official prescription form or] in the
121	123		electronic prescription record and must indicate [on the official
122	124		prescription form or] in the electronic prescription record whether
123	125		the patient is "terminally ill" or an "LTCF patient." A
124	126		prescription that is partially filled and does not contain the
125	127		notation "terminally ill" or "LTCF patient" is considered to have
126	128		been filled in violation of this chapter. For each partial filling,
127	129		the dispensing pharmacist shall record [on the back of the official
128	130		prescription form or] in the electronic prescription record the
129	131		date of the partial filling, the quantity dispensed, the remaining
130	132		quantity authorized to be dispensed, and the identification of the
131	133		dispensing pharmacist. Before any subsequent partial filling, the
132	134		pharmacist must determine that the additional partial filling is
133	135		necessary. The total quantity of Schedule II controlled substances
134	136		dispensed in all partial fillings may not exceed the total quantity
135	137		prescribed. Schedule II prescriptions for patients in a long-term
136	138		care facility or patients with a medical diagnosis documenting a
137	139		terminal illness are valid for a period not to exceed 60 days
138	140		following the issue date unless sooner terminated by discontinuance
139	141		of the medication.
140	142		(g) A person may not dispense a controlled substance in
141	143		Schedule III or IV that is a prescription drug under the Federal
142	144		Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.) without
143	145		a [written, electronic, oral, or telephonically communicated]
144	146		prescription of a practitioner defined by Section 481.002(39)(A) or
145	147		(D), except that the practitioner may dispense the substance
146	148		directly to an ultimate user. A prescription for a controlled
147	149		substance listed in Schedule III or IV may not be filled or refilled
148	150		later than six months after the date on which the prescription is
149	151		issued and may not be refilled more than five times, unless the
150	152		prescription is renewed by the practitioner. A prescription under
151	153		this subsection must comply with other applicable state and federal
152	154		laws.
153	155		(h) A pharmacist may dispense a controlled substance listed
154	156		in Schedule III, IV, or V under a [written, electronic, oral, or
155	157		telephonically communicated] prescription issued by a practitioner
156	158		defined by Section 481.002(39)(C) [and] only if the pharmacist
157	159		determines that the prescription was issued for a valid medical
158	160		purpose and in the course of professional practice. A prescription
159	161		described by [issued under] this subsection may not be filled or
160	162		refilled later than six months after the date the prescription is
161	163		issued and may not be refilled more than five times, unless the
162	164		prescription is renewed by the practitioner.
163	165		(k) A prescription for a controlled substance must show:
164	166		(1) the quantity of the substance prescribed:
165	167		(A) [numerically, followed by the number written
166	168		as a word, if the prescription is written;
167	169		[(B)] numerically, if the prescription is
168	170		electronic; or
169	171		(B) [(C)] if the prescription is communicated
170	172		orally or telephonically, as transcribed by the receiving
171	173		pharmacist;
172	174		(2) the date of issue;
173	175		(2-a) if the prescription is issued for a Schedule II
174	176		controlled substance to be filled at a later date under Subsection
175	177		(d-1), the earliest date on which a pharmacy may fill the
176	178		prescription;
177	179		(3) the name, address, and date of birth or age of the
178	180		patient or, if the controlled substance is prescribed for an
179	181		animal, the species of the animal and the name and address of its
180	182		owner;
181	183		(4) the name and strength of the controlled substance
182	184		prescribed;
183	185		(5) the directions for use of the controlled
184	186		substance;
185	187		(6) the intended use of the substance prescribed
186	188		unless the practitioner determines the furnishing of this
187	189		information is not in the best interest of the patient; and
188	190		(7) the name, address, Federal Drug Enforcement
189	191		Administration number, and telephone number of the practitioner at
190	192		the practitioner's usual place of business[, which must be legibly
191	193		printed or stamped on a written prescription; and
192	194		[(8) if the prescription is handwritten, the signature
193	195		of the prescribing practitioner].
194	196		(q) Each dispensing pharmacist shall send all required
195	197		information[, including any information required to complete the
196	198		Schedule III through V prescription forms,] to the board by
197	199		electronic transfer or another form approved by the board not later
198	200		than the next business day after the date the prescription is
199	201		completely filled.
200	202		SECTION 5. The heading to Section 481.075, Health and
201	203		Safety Code, is amended to read as follows:
202	204		Sec. 481.075. SCHEDULE II PRESCRIPTIONS [OFFICIAL
203	205		PRESCRIPTION PROGRAM].
204	206		SECTION 6. Sections 481.075(a), (e), (g), (h), (i), and
205	207		(j), Health and Safety Code, are amended to read as follows:
206	208		(a) A practitioner who prescribes a controlled substance
207	209		listed in Schedule II shall, except as provided by Section
208	210		481.074(b-1) or 481.0755 or a rule adopted under Section 481.0761,
209	211		record the prescription [on an official prescription form or] in an
210	212		electronic prescription that includes the information required by
211	213		this section.
212	214		(e) Each [official prescription form or electronic]
213	215		prescription used to prescribe a Schedule II controlled substance
214	216		must contain:
215	217		(1) information provided by the prescribing
216	218		practitioner, including:
217	219		(A) the date the prescription is issued;
218	220		(B) the controlled substance prescribed;
219	221		(C) the quantity of controlled substance
220	222		prescribed, shown[:
221	223		[(i)] numerically[, followed by the number
222	224		written as a word, if the prescription is written; or
223	225		[(ii) numerically, if the prescription is
224	226		electronic];
225	227		(D) the intended use of the controlled substance,
226	228		or the diagnosis for which the controlled substance [it] is
227	229		prescribed, and the instructions for use of the substance;
228	230		(E) the practitioner's name, address, and
229	231		Federal Drug Enforcement Administration number issued for
230	232		prescribing a controlled substance in this state;
231	233		(F) the name, address, and date of birth or age of
232	234		the person for whom the controlled substance is prescribed; and
233	235		(G) if the prescription is issued to be filled at
234	236		a later date under Section 481.074(d-1), the earliest date on which
235	237		a pharmacy may fill the prescription;
236	238		(2) information provided by the dispensing
237	239		pharmacist, including the date the prescription is filled; and
238	240		(3) [for a written prescription, the signatures of the
239	241		prescribing practitioner and the dispensing pharmacist or for an
240	242		electronic prescription,] the prescribing practitioner's
241	243		electronic signature or other secure method of validation
242	244		authorized by federal law.
243	245		(g) Except for an emergency oral or telephonically
244	246		communicated prescription described by [prescribed under] Section
245	247		481.074(b-1) [481.074(b)], the prescribing practitioner shall:
246	248		(1) record [legibly fill in,] or direct a designated
247	249		agent to record [legibly fill in, on the official prescription form
248	250		or] in the electronic prescription[,] each item of information
249	251		required to be provided by the prescribing practitioner under
250	252		Subsection (e)(1), unless the practitioner determines that:
251	253		(A) under rule adopted by the board for this
252	254		purpose, it is unnecessary for the practitioner or the
253	255		practitioner's agent to provide the patient identification number;
254	256		or
255	257		(B) it is not in the best interest of the patient
256	258		for the practitioner or practitioner's agent to provide information
257	259		regarding the intended use of the controlled substance or the
258	260		diagnosis for which it is prescribed; and
259	261		(2) [sign the official prescription form and give the
260	262		form to the person authorized to receive the prescription or, in the
261	263		case of an electronic prescription,] electronically sign or
262	264		validate the electronic prescription as authorized by federal law
263	265		and transmit the prescription to the dispensing pharmacy.
264	266		(h) In the case of an emergency oral or telephonically
265	267		communicated prescription described by [prescribed under] Section
266	268		481.074(b-1) [481.074(b)], the prescribing practitioner shall give
267	269		the dispensing pharmacy the information needed to complete the
268	270		[official prescription form or] electronic prescription record.
269	271		(i) Each dispensing pharmacist shall:
270	272		(1) [fill in on the official prescription form or]
271	273		note in the electronic prescription record each item of information
272	274		given orally to the dispensing pharmacy under Subsection (h) and
273	275		the date the prescription is filled[,] and[:
274	276		[(A) for a written prescription, fill in the
275	277		dispensing pharmacist's signature; or
276	278		[(B) for an electronic prescription,]
277	279		appropriately record the identity of the dispensing pharmacist in
278	280		the electronic prescription record;
279	281		(2) retain with the records of the pharmacy for at
280	282		least two years:
281	283		(A) [the official prescription form or] the
282	284		electronic prescription record[, as applicable]; and
283	285		(B) the name or other patient identification
284	286		required by Section 481.074(m) or (n); and
285	287		(3) send all required information, including any
286	288		information required to complete an [official prescription form or]
287	289		electronic prescription record, to the board by electronic transfer
288	290		or another form approved by the board not later than the next
289	291		business day after the date the prescription is completely filled.
290	292		(j) A medication order written for a patient who is admitted
291	293		to a hospital at the time the medication order is written and filled
292	294		is not required to be recorded [on an official prescription form or]
293	295		in an electronic prescription record that meets the requirements of
294	296		this section.
295	297		SECTION 7. Subchapter C, Chapter 481, Health and Safety
296	298		Code, is amended by adding Sections 481.0755 and 481.0756 to read as
297	299		follows:
298	300		Sec. 481.0755. WRITTEN, ORAL, AND TELEPHONICALLY
299	301		COMMUNICATED PRESCRIPTIONS. (a) Notwithstanding Sections 481.074
300	302		and 481.075, a prescription for a controlled substance is not
301	303		required to be issued electronically and may be issued in writing if
302	304		the prescription is issued:
303	305		(1) by a veterinarian;
304	306		(2) in circumstances in which electronic prescribing
305	307		is not available due to temporary technological or electronic
306	308		failure, as prescribed by board rule;
307	309		(3) by a practitioner to be dispensed by a pharmacy
308	310		located outside this state, as prescribed by board rule;
309	311		(4) when the prescriber and dispenser are in the same
310	312		location or under the same license;
311	313		(5) in circumstances in which necessary elements are
312	314		not supported by the most recently implemented national data
313	315		standard that facilitates electronic prescribing;
314	316		(6) for a drug for which the United States Food and
315	317		Drug Administration requires additional information in the
316	318		prescription that is not possible with electronic prescribing;
317	319		(7) for a non-patient-specific prescription pursuant
318	320		to a standing order, approved protocol for drug therapy,
319	321		collaborative drug management, or comprehensive medication
320	322		management, in response to a public health emergency or in other
321	323		circumstances in which the practitioner may issue a
322	324		non-patient-specific prescription;
323	325		(8) for a drug under a research protocol;
324	326		(9) by a practitioner who has received a waiver under
325	327		Section 481.0756 from the requirement to use electronic
326	328		prescribing; or
327	329		(10) under circumstances in which the practitioner has
328	330		the present ability to submit an electronic prescription but
329	331		reasonably determines that it would be impractical for the patient
330	332		to obtain the drugs prescribed under the electronic prescription in
331	333		a timely manner and that a delay would adversely impact the
332	334		patient's medical condition.
333	335		(b) A dispensing pharmacist who receives a controlled
334	336		substance prescription in a manner other than electronically is not
335	337		required to verify that the prescription is exempt from the
336	338		requirement that it be submitted electronically. The pharmacist
337	339		may dispense a controlled substance pursuant to an otherwise valid
338	340		written, oral, or telephonically communicated prescription
339	341		consistent with the requirements of this subchapter.
340	342		(c) Except in an emergency, a practitioner must use a
341	343		written prescription to submit a prescription described by
342	344		Subsection (a). In an emergency, the practitioner may submit an
343	345		oral or telephonically communicated prescription as authorized
344	346		under Section 481.074(b-1).
345	347		(d) A written prescription for a controlled substance other
346	348		than a Schedule II controlled substance must include the
347	349		information required under Section 481.074(k) and the signature of
348	350		the prescribing practitioner.
349	351		(e) A written prescription for a Schedule II controlled
350	352		substance must be on an official prescription form and include the
351	353		information required for an electronic prescription under Section
352	354		481.075(e), the signature of the practitioner, and the signature of
353	355		the dispensing pharmacist after the prescription is filled.
354	356		(f) The board by rule shall authorize a practitioner to
355	357		determine whether it is necessary to obtain a particular patient
356	358		identification number and to provide that number on the official
357	359		prescription form.
358	360		(g) On request of a practitioner, the board shall issue
359	361		official prescription forms to the practitioner for a fee covering
360	362		the actual cost of printing, processing, and mailing the forms.
361	363		Before mailing or otherwise delivering prescription forms to a
362	364		practitioner, the board shall print on each form the number of the
363	365		form and any other information the board determines is necessary.
364	366		(h) Each official prescription form must be sequentially
365	367		numbered.
366	368		(i) A person may not obtain an official prescription form
367	369		unless the person is a practitioner as defined by Section
368	370		481.002(39)(A) or an institutional practitioner.
369	371		(j) Not more than one Schedule II prescription may be
370	372		recorded on an official prescription form.
371	373		(k) Not later than the 30th day after the date a
372	374		practitioner's Federal Drug Enforcement Administration number or
373	375		license to practice has been denied, suspended, canceled,
374	376		surrendered, or revoked, the practitioner shall return to the board
375	377		all official prescription forms in the practitioner's possession
376	378		that have not been used for prescriptions.
377	379		(l) Each prescribing practitioner:
378	380		(1) may use an official prescription form only to
379	381		submit a prescription described by Subsection (a);
380	382		(2) shall date or sign an official prescription form
381	383		only on the date the prescription is issued; and
382	384		(3) shall take reasonable precautionary measures to
383	385		ensure that an official prescription form issued to the
384	386		practitioner is not used by another person to violate this
385	387		subchapter or a rule adopted under this subchapter.
386	388		(m) In the case of an emergency oral or telephonically
387	389		communicated prescription described by Section 481.074(b-1), the
388	390		prescribing practitioner shall give the dispensing pharmacy the
389	391		information needed to complete the official prescription form if
390	392		the pharmacy is not required to use the electronic prescription
391	393		record.
392	394		(n) Each dispensing pharmacist receiving an oral or
393	395		telephonically communicated prescription under Subsection (m)
394	396		shall:
395	397		(1) fill in on the official prescription form each
396	398		item of information given orally to the dispensing pharmacy under
397	399		Subsection (m) and the date the prescription is filled and fill in
398	400		the dispensing pharmacist's signature;
399	401		(2) retain with the records of the pharmacy for at
400	402		least two years:
401	403		(A) the official prescription form; and
402	404		(B) the name or other patient identification
403	405		required by Section 481.074(m) or (n); and
404	406		(3) send all required information, including any
405	407		information required to complete an official prescription form, to
406	408		the board by electronic transfer or another form approved by the
407	409		board not later than the next business day after the date the
408	410		prescription is completely filled.
409	411		Sec. 481.0756. WAIVERS FROM ELECTRONIC PRESCRIBING. (a)
410	412		The appropriate regulatory agency that issued the license,
411	413		certification, or registration to a prescriber is authorized to
412	414		grant a prescriber a waiver from the electronic prescribing
413	415		requirement under the provisions of this section.
414	416		(b) The board shall convene an interagency workgroup that
415	417		includes representatives of each regulatory agency that issues a
416	418		license, certification, or registration to a prescriber.
417	419		(c) The work group described by Subsection (b) shall
418	420		establish recommendations and standards for circumstances in which
419	421		a waiver from the electronic prescribing requirement is appropriate
420	422		and a process under which a prescriber may request and receive a
421	423		waiver.
422	424		(d) The board shall adopt rules establishing the
423	425		eligibility for a waiver, including:
424	426		(1) economic hardship;
425	427		(2) technological limitations not reasonably within
426	428		the control of the prescriber; or
427	429		(3) other exceptional circumstances demonstrated by
428	430		the prescriber.
429	431		(e) Each regulatory agency that issues a license,
430	432		certification, or registration to a prescriber shall adopt rules
431	433		for the granting of waivers consistent with the board rules adopted
432	434		under Subsection (d).
433	435		(f) A waiver may be issued to a prescriber for a period of
434	436		one year. On expiration of the waiver, the prescriber may reapply
435	437		for a waiver if the circumstances that necessitated the waiver
436	438		continue.
437	439		SECTION 8. Sections 481.0761(c) and (d), Health and Safety
438	440		Code, are amended to read as follows:
439	441		(c) The board by rule may:
440	442		(1) [permit more than one prescription to be
441	443		administered or dispensed and recorded on one prescription form for
442	444		a Schedule III through V controlled substance;
443	445		[(1-a)] establish a procedure for the issuance of
444	446		multiple prescriptions of a Schedule II controlled substance under
445	447		Section 481.074(d-1);
446	448		(2) remove from or return to the official prescription
447	449		program any aspect of a practitioner's or pharmacist's hospital
448	450		practice, including administering or dispensing;
449	451		(3) waive or delay any requirement relating to the
450	452		time or manner of reporting;
451	453		(4) establish compatibility protocols for electronic
452	454		data transfer hardware, software, or format, including any
453	455		necessary modifications for participation in a database described
454	456		by Section 481.076(j);
455	457		(5) establish a procedure to control the release of
456	458		information under Sections 481.074, 481.075, and 481.076; and
457	459		(6) establish a minimum level of prescription activity
458	460		below which a reporting activity may be modified or deleted.
459	461		(d) The board by rule shall authorize a practitioner to
460	462		determine whether it is necessary to obtain a particular patient
461	463		identification number and to provide that number [on the official
462	464		prescription form or] in the electronic prescription record.
463	465		SECTION 9. Section 481.128(a), Health and Safety Code, is
464	466		amended to read as follows:
465	467		(a) A registrant or dispenser commits an offense if the
466	468		registrant or dispenser knowingly:
467	469		(1) distributes, delivers, administers, or dispenses
468	470		a controlled substance in violation of Subchapter C [Sections
469	471		481.070-481.075];
470	472		(2) manufactures a controlled substance not
471	473		authorized by the person's Federal Drug Enforcement Administration
472	474		registration or distributes or dispenses a controlled substance not
473	475		authorized by the person's registration to another registrant or
474	476		other person;
475	477		(3) refuses or fails to make, keep, or furnish a
476	478		record, report, notification, order form, statement, invoice, or
477	479		information required by this chapter;
478	480		(4) prints, manufactures, possesses, or produces an
479	481		official prescription form without the approval of the board;
480	482		(5) delivers or possesses a counterfeit official
481	483		prescription form;
482	484		(6) refuses an entry into a premise for an inspection
483	485		authorized by this chapter;
484	486		(7) refuses or fails to return an official
485	487		prescription form as required by Section 481.0755(k) [481.075(k)];
486	488		(8) refuses or fails to make, keep, or furnish a
487	489		record, report, notification, order form, statement, invoice, or
488	490		information required by a rule adopted by the director or the board;
489	491		or
490	492		(9) refuses or fails to maintain security required by
491	493		this chapter or a rule adopted under this chapter.
492	494		SECTION 10. Section 481.129(a), Health and Safety Code, is
493	495		amended to read as follows:
494	496		(a) A person commits an offense if the person knowingly:
495	497		(1) distributes as a registrant or dispenser a
496	498		controlled substance listed in Schedule I or II, unless the person
497	499		distributes the controlled substance as authorized under the
498	500		federal Controlled Substances Act (21 U.S.C. Section 801 et seq.);
499	501		(2) uses in the course of manufacturing, prescribing,
500	502		or distributing a controlled substance a Federal Drug Enforcement
501	503		Administration registration number that is fictitious, revoked,
502	504		suspended, or issued to another person;
503	505		(3) issues a prescription bearing a forged or
504	506		fictitious signature;
505	507		(4) uses a prescription issued to another person to
506	508		prescribe a Schedule II controlled substance;
507	509		(5) possesses, obtains, or attempts to possess or
508	510		obtain a controlled substance or an increased quantity of a
509	511		controlled substance:
510	512		(A) by misrepresentation, fraud, forgery,
511	513		deception, or subterfuge;
512	514		(B) through use of a fraudulent prescription
513	515		form; [or]
514	516		(C) through use of a fraudulent oral or
515	517		telephonically communicated prescription; or
516	518		(D) through the use of a fraudulent electronic
517	519		prescription; or
518	520		(6) furnishes false or fraudulent material
519	521		information in or omits material information from an application,
520	522		report, record, or other document required to be kept or filed under
521	523		this chapter.
522	524		SECTION 11. Section 554.051(a-1), Occupations Code, is
523	525		amended to read as follows:
524	526		(a-1) The board may adopt rules to administer Sections
525	527		[481.073,] 481.074, 481.075, 481.0755, 481.0756, 481.076,
526	528		481.0761, 481.0762, 481.0763, 481.0764, 481.0765, and 481.0766,
527	529		Health and Safety Code.
528	530		SECTION 12. Section 565.003, Occupations Code, is amended
529	531		to read as follows:
530	532		Sec. 565.003. ADDITIONAL GROUNDS FOR DISCIPLINE REGARDING
531	533		APPLICANT FOR OR HOLDER OF NONRESIDENT PHARMACY LICENSE. Unless
532	534		compliance would violate the pharmacy or drug statutes or rules in
533	535		the state in which the pharmacy is located, the board may discipline
534	536		an applicant for or the holder of a nonresident pharmacy license if
535	537		the board finds that the applicant or license holder has failed to
536	538		comply with:
537	539		(1) Section 481.074, [or] 481.075, 481.0755, or
538	540		481.0756, Health and Safety Code;
539	541		(2) Texas substitution requirements regarding:
540	542		(A) the practitioner's directions concerning
541	543		generic substitution;
542	544		(B) the patient's right to refuse generic
543	545		substitution; or
544	546		(C) notification to the patient of the patient's
545	547		right to refuse substitution;
546	548		(3) any board rule relating to providing drug
547	549		information to the patient or the patient's agent in written form or
548	550		by telephone; or
549	551		(4) any board rule adopted under Section 554.051(a)
550	552		and determined by the board to be applicable under Section
551	553		554.051(b).
552	554		SECTION 13. Sections 481.073, 481.074(o) and (p), and
553	555		481.075(b), (c), (d), (f), (k), and (l), Health and Safety Code, are
554	556		repealed.
555	557		SECTION 14. This Act takes effect January 1, 2021.