By: Hinojosa S.B. No. 2316
A BILL TO BE ENTITLED
AN ACT
relating to controlled substance prescriptions under the Texas
Controlled Substances Act; creating a criminal offense.
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,
481.076, 481.0761, 481.0762, 481.0763, 481.0764, 481.0765,
481.07655, [and] 481.0766, 481.0767, and 481.0768. The board may
adopt rules to administer Sections 481.073, 481.074, 481.075,
481.076, 481.0761, 481.0762, 481.0763, 481.0764, 481.0765,
481.07655, [and] 481.0766, 481.0767, and 481.0768.
SECTION 2. Subchapter C, Chapter 481, Health and Safety
Code, is amended by adding Sections 481.07655, 481.0767, and
481.0768 to read as follows:
Sec. 481.07655. LIMITATION OF LIABILITY. (a) A prescriber
or dispenser is not liable in a civil action for damages arising
from the failure to access prescription drug information as
required or authorized by Section 481.0764 or failure to submit the
information to the board as required under Section 481.074(q) or
481.075(i), unless the failure constitutes gross negligence or
wilful misconduct and the prescriber or dispenser would be liable
to the claimant under other law.
(b) This section does not establish a standard of care.
Sec. 481.0767. CRIMINAL OFFENSE: DISCLOSURE OR USE OF
INFORMATION. (a) A person authorized to receive information under
Section 481.076(a) commits an offense if the person discloses or
uses the information in a manner not authorized by this subchapter
or other law.
(b) An offense under this section is a Class A misdemeanor.
Sec. 481.0768. ADMINISTRATIVE PENALTY: DISCLOSURE OR USE
OF INFORMATION. (a) A regulatory agency that issues a license,
certification, or registration to a prescriber or dispenser shall
periodically update the administrative penalties, or any
applicable disciplinary guidelines concerning the penalties,
assessed by that agency for conduct constituting an offense under
Section 481.0767.
(b) The agency shall set the penalties in an amount
sufficient to deter the conduct.
SECTION 3. 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, 481.076, 481.0761, 481.0762, 481.0763,
481.0764, 481.0765, 481.07655, [and] 481.0766, 481.0767, and
481.0768, Health and Safety Code.
SECTION 4. 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, 481.076,
481.0761, 481.0762, 481.0763, 481.0764, 481.0765, 481.07655,
481.0766, 481.0767, or 481.0768, 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 5. The Texas State Board of Pharmacy shall
implement Section 481.076(c-1), Health and Safety Code, as added by
this Act, as soon as practicable after the effective date of this
Act.
SECTION 6. Not later than September 1, 2020, each
regulatory agency that issues a license, certification, or
registration to a prescriber or dispenser shall evaluate and update
any administrative penalties and guidelines as provided by Section
481.0769, Health and Safety Code, as added by this Act.
SECTION 7. Notwithstanding Section 24, Chapter 485 (H.B.
2561), Acts of the 85th Legislature, Regular Session, 2017, Section
481.0764(a), Health and Safety Code, as added by that Act, applies
only to:
(1) a prescriber, other than a veterinarian, who issues a
prescription for a controlled substance on or after March 1, 2020;
or
(2) a person authorized by law to dispense a controlled
substance, other than a veterinarian, who dispenses a controlled
substance on or after March 1, 2020.
SECTION 8. This Act takes effect September 1, 2019.