Texas 2019 - 86th Regular

Texas House Bill HR2195 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.R. No. 2195
	1	+	86R37160 JSC-D
	2	+	By: Sheffield H.R. No. 2195
2	3
3	4
4	5		R E S O L U T I O N
5	6		BE IT RESOLVED by the House of Representatives of the State of
6	7		Texas, 86th Legislature, Regular Session, 2019, That House Rule 13,
7	8		Section 9(a), be suspended in part as provided by House Rule 13,
8	9		Section 9(f), to enable the conference committee appointed to
9	10		resolve the differences on House Bill 3284 (the prescribing and
10	11		dispensing of controlled substances under the Texas Controlled
11	12		Substances Act; authorizing a fee; providing for administrative
12	13		penalties; creating criminal offenses) to consider and take action
13	14		on the following matters:
14	15		(1) House Rule 13, Section 9(a)(2), is suspended to permit
15	16		the committee to omit text not in disagreement by omitting SECTION 1
16	17		of the house engrossment of House Bill 3284 and the corresponding
17	18		SECTION of the bill as the bill was amended by the senate adding
18	19		Section 481.0755, Health and Safety Code, which reads as follows:
19	20		SECTION 1. Subchapter C, Chapter 481, Health and Safety
20	21		Code, is amended by adding Section 481.0755 to read as follows:
21	22		Sec. 481.0755. WRITTEN, ORAL, AND TELEPHONICALLY
22	23		COMMUNICATED PRESCRIPTIONS. (a) Notwithstanding Sections
23	24		481.073, 481.074, and 481.075, a person prescribing or dispensing a
24	25		controlled substance must use the electronic prescription record
25	26		and may not use a written, oral, or telephonically communicated
26	27		prescription.
27	28		(b) A prescriber may issue a written, oral, or
28	29		telephonically communicated prescription for a controlled
29	30		substance as authorized under this subchapter only if the
30	31		prescription is issued:
31	32		(1) by a veterinarian;
32	33		(2) in circumstances in which electronic prescribing
33	34		is not available due to temporary technological or electronic
34	35		failure, as prescribed by board rule;
35	36		(3) by a practitioner to be dispensed by a pharmacy
36	37		located outside this state, as prescribed by board rule;
37	38		(4) when the prescriber and dispenser are the same
38	39		entity;
39	40		(5) in circumstances in which necessary elements are
40	41		not supported by the most recent electronic prescription drug
41	42		software;
42	43		(6) for a drug for which the United States Food and
43	44		Drug Administration requires additional information in the
44	45		prescription that is not possible with electronic prescribing;
45	46		(7) for a non-patient-specific prescription pursuant
46	47		to a standing order, approved protocol for drug therapy,
47	48		collaborative drug management, or comprehensive medication
48	49		management, in response to a public health emergency or in other
49	50		circumstances in which the practitioner may issue a
50	51		non-patient-specific prescription;
51	52		(8) for a drug under a research protocol;
52	53		(9) by a prescriber who is employed by or is practicing
53	54		a health care profession at a health-related institution, as
54	55		defined by Section 62.161, Education Code, as added by Chapter 448
55	56		(H.B. 7), Acts of the 84th Legislature, 2015;
56	57		(10) by a practitioner who has received a waiver under
57	58		Subsection (c) from the requirement to use electronic prescribing;
58	59		or
59	60		(11) under circumstances in which the practitioner has
60	61		the present ability to submit an electronic prescription but
61	62		reasonably determines that it would be impractical for the patient
62	63		to obtain the drugs prescribed under the electronic prescription in
63	64		a timely manner and that a delay would adversely impact the
64	65		patient's medical condition.
65	66		(c) The board shall adopt rules establishing a process by
66	67		which a practitioner may request and receive a waiver under
67	68		Subsection (b)(10), not to exceed one year, from the requirement to
68	69		use electronic prescribing. The board shall adopt rules
69	70		establishing the eligibility for a waiver, including:
70	71		(1) economic hardship;
71	72		(2) technological limitations not reasonably within
72	73		the control of the practitioner; or
73	74		(3) other exceptional circumstances demonstrated by
74	75		the practitioner.
75	76		(d) A written, oral, or telephonically communicated
76	77		prescription must comply with the applicable requirements
77	78		prescribed by Sections 481.074 and 481.075.
78	79		(e) A dispensing pharmacist who receives a controlled
79	80		substance prescription in a manner other than electronically is not
80	81		required to verify that the prescription is exempt from the
81	82		requirement that it be submitted electronically.
82	83		(f) The board shall enforce this section.
83	84		Explanation: This change is necessary to avoid conflicting
84	85		with language in House Bill 2174 that also adds Section 481.0755,
85	86		Health and Safety Code. The house has concurred in the senate
86	87		amendments to House Bill 2174.
87	88		(2) House Rule 13, Sections 9(a)(1) and (2), are suspended
88	89		to permit the committee to change and omit text not in disagreement
89	90		in SECTIONS 6 and 9 of the house engrossment of House Bill 3284 and
90	91		the corresponding SECTIONS of the bill as the bill was amended by
91	92		the senate to strike references to Section 481.0755, Health and
92	93		Safety Code.
93	94		Explanation: This change is necessary to conform
94	95		cross-references to the omission of proposed Section 481.0755,
95	96		Health and Safety Code.
96	97		(3) House Rule 13, Section 9(a)(2), is suspended to permit
97	98		the committee to omit text not in disagreement by omitting SECTION
98	99		13 of the house engrossment of House Bill 3284 and the corresponding
99	100		SECTION of the bill as the bill was amended by the senate, which
100	101		reads as follows:
101	102		SECTION 13. Section 481.0755, Health and Safety Code, as
102	103		added by this Act, applies only to a prescription issued on or after
103	104		the effective date of this Act.
104	105		Explanation: This change is necessary to conform to the
105	106		omission of proposed Section 481.0755, Health and Safety Code.
106		-	Sheffield
107		-	______________________________
108		-	Speaker of the House
109		-	I certify that H.R. No. 2195 was adopted by the House on May
110		-	26, 2019, by the following vote: Yeas 139, Nays 4, 1 present, not
111		-	voting.
112		-	______________________________
113		-	Chief Clerk of the House