H.R. No. 2195
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 86th Legislature, Regular Session, 2019, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on House Bill 3284 (the prescribing and
dispensing of controlled substances under the Texas Controlled
Substances Act; authorizing a fee; providing for administrative
penalties; creating criminal offenses) to consider and take action
on the following matters:
(1) House Rule 13, Section 9(a)(2), is suspended to permit
the committee to omit text not in disagreement by omitting SECTION 1
of the house engrossment of House Bill 3284 and the corresponding
SECTION of the bill as the bill was amended by the senate adding
Section 481.0755, Health and Safety Code, which reads as follows:
SECTION 1. 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. (a) Notwithstanding Sections
481.073, 481.074, and 481.075, a person prescribing or dispensing a
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 controlled
substance as authorized under this subchapter only if the
prescription is issued:
(1) by a veterinarian;
(2) in circumstances in which electronic prescribing
is not available due to temporary technological or electronic
failure, as prescribed by board rule;
(3) by a practitioner to be dispensed by a pharmacy
located outside this state, as prescribed by board rule;
(4) when the prescriber and dispenser are the same
entity;
(5) in circumstances in which necessary elements are
not supported by the most recent electronic prescription drug
software;
(6) for a drug for which the United States Food and
Drug Administration requires additional information in the
prescription that is not possible with electronic prescribing;
(7) for a non-patient-specific prescription pursuant
to a standing order, approved protocol for drug therapy,
collaborative drug management, or comprehensive medication
management, in response to a public health emergency or in other
circumstances in which the practitioner may issue a
non-patient-specific prescription;
(8) for a drug under a research protocol;
(9) by a prescriber who is employed by or is practicing
a health care profession at a health-related institution, as
defined by Section 62.161, Education Code, as added by Chapter 448
(H.B. 7), Acts of the 84th Legislature, 2015;
(10) by a practitioner who has received a waiver under
Subsection (c) from the requirement to use electronic prescribing;
or
(11) under circumstances in which the practitioner has
the present ability to submit an electronic prescription but
reasonably determines that it would be impractical for the patient
to obtain the drugs prescribed under the electronic prescription in
a timely manner and that a delay would adversely impact the
patient's medical condition.
(c) The board shall adopt rules establishing a process by
which a practitioner may request and receive a waiver under
Subsection (b)(10), not to exceed one year, from the requirement to
use electronic prescribing. The board shall adopt rules
establishing the eligibility for a waiver, including:
(1) economic hardship;
(2) technological limitations not reasonably within
the control of the practitioner; or
(3) other exceptional circumstances demonstrated by
the practitioner.
(d) A written, oral, or telephonically communicated
prescription must comply with the applicable requirements
prescribed by Sections 481.074 and 481.075.
(e) A dispensing pharmacist who receives a controlled
substance prescription in a manner other than electronically is not
required to verify that the prescription is exempt from the
requirement that it be submitted electronically.
(f) The board shall enforce this section.
Explanation: This change is necessary to avoid conflicting
with language in House Bill 2174 that also adds Section 481.0755,
Health and Safety Code. The house has concurred in the senate
amendments to House Bill 2174.
(2) House Rule 13, Sections 9(a)(1) and (2), are suspended
to permit the committee to change and omit text not in disagreement
in SECTIONS 6 and 9 of the house engrossment of House Bill 3284 and
the corresponding SECTIONS of the bill as the bill was amended by
the senate to strike references to Section 481.0755, Health and
Safety Code.
Explanation: This change is necessary to conform
cross-references to the omission of proposed Section 481.0755,
Health and Safety Code.
(3) House Rule 13, Section 9(a)(2), is suspended to permit
the committee to omit text not in disagreement by omitting SECTION
13 of the house engrossment of House Bill 3284 and the corresponding
SECTION of the bill as the bill was amended by the senate, which
reads as follows:
SECTION 13. Section 481.0755, Health and Safety Code, as
added by this Act, applies only to a prescription issued on or after
the effective date of this Act.
Explanation: This change is necessary to conform to the
omission of proposed Section 481.0755, Health and Safety Code.
Sheffield
______________________________
Speaker of the House
I certify that H.R. No. 2195 was adopted by the House on May
26, 2019, by the following vote: Yeas 139, Nays 4, 1 present, not
voting.
______________________________
Chief Clerk of the House