Texas 2019 - 86th Regular

Texas Senate Bill SB2316 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R32795 JSC-D
2	1		By: Hinojosa S.B. No. 2316
3		-	(Thompson of Harris)
4		-	Substitute the following for S.B. No. 2316: No.
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to controlled substance prescriptions under the Texas
10	7		Controlled Substances Act; creating a criminal offense.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		SECTION 1. Section 481.003(a), Health and Safety Code, is
13	10		amended to read as follows:
14	11		(a) The director may adopt rules to administer and enforce
15	12		this chapter, other than Sections 481.073, 481.074, 481.075,
16	13		481.076, 481.0761, 481.0762, 481.0763, 481.0764, 481.0765,
17	14		481.07655, [and] 481.0766, 481.0767, 481.0768, and 481.0769. The
18	15		board may adopt rules to administer Sections 481.073, 481.074,
19	16		481.075, 481.076, 481.0761, 481.0762, 481.0763, 481.0764,
20	17		481.0765, 481.07655, [and] 481.0766, 481.0767, 481.0768, and
21	18		481.0769.
22	19		SECTION 2. Section 481.076, Health and Safety Code, is
23	20		amended by amending Subsection (a) and adding Subsection (a-6) to
24	21		read as follows:
25	22		(a) The board may not permit any person to have access to
26	23		information submitted to the board under Section 481.074(q) or
27	24		481.075 except:
28	25		(1) the board, the Texas Medical Board, the Texas
29	26		Department of Licensing and Regulation, with respect to the
30	27		regulation of podiatrists [State Board of Podiatric Medical
31	28		Examiners], the State Board of Dental Examiners, the State Board of
32	29		Veterinary Medical Examiners, the Texas Board of Nursing, or the
33	30		Texas Optometry Board for the purpose of:
34	31		(A) investigating a specific license holder; or
35	32		(B) monitoring for potentially harmful
36	33		prescribing or dispensing patterns or practices under Section
37	34		481.0762;
38	35		(2) an authorized officer or member of the department
39	36		or authorized employee of the board engaged in the administration,
40	37		investigation, or enforcement of this chapter or another law
41	38		governing illicit drugs in this state or another state;
42	39		(3) the department on behalf of a law enforcement or
43	40		prosecutorial official engaged in the administration,
44	41		investigation, or enforcement of this chapter or another law
45	42		governing illicit drugs in this state or another state;
46	43		(4) a medical examiner conducting an investigation;
47	44		(5) provided that accessing the information is
48	45		authorized under the Health Insurance Portability and
49	46		Accountability Act of 1996 (Pub. L. No. 104-191) and regulations
50	47		adopted under that Act:
51	48		(A) a pharmacist or a pharmacy technician, as
52	49		defined by Section 551.003, Occupations Code, acting at the
53	50		direction of a pharmacist; or
54	51		(B) a practitioner who:
55	52		(i) is a physician, dentist, veterinarian,
56	53		podiatrist, optometrist, or advanced practice nurse or is a
57	54		physician assistant described by Section 481.002(39)(D) or an
58	55		employee or other agent of a practitioner acting at the direction of
59	56		a practitioner; and
60	57		(ii) is inquiring about a recent Schedule
61	58		II, III, IV, or V prescription history of a particular patient of
62	59		the practitioner;
63	60		(6) a pharmacist or practitioner who is inquiring
64	61		about the person's own dispensing or prescribing activity; [or]
65	62		(7) one or more states or an association of states with
66	63		which the board has an interoperability agreement, as provided by
67	64		Subsection (j); or
68	65		(8) the patient or patient's authorized representative
69	66		inquiring about the patient's prescription record, including
70	67		persons who have accessed that record.
71	68		(a-6) A patient or the patient's authorized representative
72	69		is entitled to a copy of the patient's prescription record as
73	70		provided by Subsection (a)(8), including a list of persons who have
74	71		accessed that record, if the patient or representative submits to
75	72		the board a completed patient data request form and any supporting
76	73		documentation required by the board. The board may charge a
77	74		reasonable fee for providing the copy. The board shall adopt rules
78	75		to implement this subsection, including rules prescribing the
79	76		patient data request form, listing the documentation required for
80	77		receiving a copy of the prescription record, and setting the fee.
81	78		SECTION 3. Subchapter C, Chapter 481, Health and Safety
82	79		Code, is amended by adding Sections 481.07655, 481.0767, 481.0768,
83	80		and 481.0769 to read as follows:
84	81		Sec. 481.07655. LIMITATION OF LIABILITY. (a) A prescriber
85	82		or dispenser is not liable in a civil action for damages arising
86	83		from the failure to access prescription drug information as
87	84		required or authorized by Section 481.0764 or failure to submit the
88	85		information to the board as required under Section 481.074(q) or
89	86		481.075, unless the failure constitutes gross negligence or wilful
90	87		misconduct and the prescriber or dispenser would be liable to the
91	88		claimant under other law.
92	89		(b) This section does not establish a standard of care.
93	90		Sec. 481.0767. ADVISORY COMMITTEE. (a) The board shall
94	91		establish an advisory committee to make recommendations regarding
95	92		information submitted to the board and access to that information
96	93		under Sections 481.074, 481.075, 481.076, and 481.0761.
97	94		(b) The board shall appoint the following members to the
98	95		advisory committee:
99	96		(1) a physician licensed in this state who practices
100	97		in pain management;
101	98		(2) a physician licensed in this state who practices
102	99		in family medicine;
103	100		(3) a physician licensed in this state who performs
104	101		surgery;
105	102		(4) a physician licensed in this state who practices
106	103		in emergency medicine;
107	104		(5) a dentist licensed in this state who performs oral
108	105		surgery;
109	106		(6) a podiatrist licensed in this state;
110	107		(7) a physician assistant to whom a physician has
111	108		delegated the authority to prescribe or order a drug;
112	109		(8) an advanced practice registered nurse to whom a
113	110		physician has delegated the authority to prescribe or order a drug;
114	111		(9) a pharmacist working at a chain pharmacy;
115	112		(10) a pharmacist working at an independent pharmacy;
116		-	and
117		-	(11) a representative of a company whose primary line
118		-	of business is electronic medical records.
	113	+	(11) a veterinarian; and
	114	+	(12) an electronic records consultant.
119	115		(c) Members of the advisory committee serve three-year
120	116		terms. Each member shall serve until the member's replacement has
121	117		been appointed.
122	118		(d) The advisory committee shall annually elect a presiding
123	119		officer from its members.
124	120		(e) The advisory committee shall meet at least two times a
125	121		year and at the call of the presiding officer or the board.
126	122		(f) A member of the advisory committee serves without
127	123		compensation but may be reimbursed by the board for actual expenses
128	124		incurred in performing the duties of the advisory committee.
129	125		(g) The advisory committee is abolished and this section
130	126		expires on September 1, 2023.
131	127		Sec. 481.0768. CRIMINAL OFFENSES RELATED TO PRESCRIPTION
132	128		INFORMATION. (a) A person authorized to receive information under
133	129		Section 481.076(a) commits an offense if the person discloses or
134	130		uses the information in a manner not authorized by this subchapter
135	131		or other law.
136	132		(b) A person requesting information under Section
137	133		481.076(a-6) commits an offense if the person makes a material
138	134		misrepresentation or fails to disclose a material fact in the
139	135		request for information under that subsection.
140	136		(c) An offense under Subsection (a) is a Class A
141	137		misdemeanor.
142	138		(d) An offense under Subsection (b) is a Class C
143	139		misdemeanor.
144	140		Sec. 481.0769. ADMINISTRATIVE PENALTY: DISCLOSURE OR USE
145	141		OF INFORMATION. (a) A regulatory agency that issues a license,
146	142		certification, or registration to a prescriber or dispenser shall
147	143		periodically update the administrative penalties, or any
148	144		applicable disciplinary guidelines concerning the penalties,
149	145		assessed by that agency for conduct constituting an offense under
150	146		Section 481.0768(a).
151	147		(b) The agency shall set the penalties in an amount
152	148		sufficient to deter the conduct.
153	149		SECTION 4. Section 554.051, Occupations Code, is amended by
154	150		amending Subsection (a-1) and adding Subsection (a-2) to read as
155	151		follows:
156	152		(a-1) The board may adopt rules to administer Sections
157	153		481.073, 481.074, 481.075, 481.076, 481.0761, 481.0762, 481.0763,
158	154		481.0764, 481.0765, 481.07655, [and] 481.0766, 481.0768, and
159	155		481.0769, Health and Safety Code.
160	156		(a-2) The board may adopt rules to administer Section
161	157		481.0767, Health and Safety Code. This subsection expires
162	158		September 1, 2023.
163	159		SECTION 5. Section 565.003, Occupations Code, is amended to
164	160		read as follows:
165	161		Sec. 565.003. ADDITIONAL GROUNDS FOR DISCIPLINE REGARDING
166	162		APPLICANT FOR OR HOLDER OF NONRESIDENT PHARMACY LICENSE. Unless
167	163		compliance would violate the pharmacy or drug statutes or rules in
168	164		the state in which the pharmacy is located, the board may discipline
169	165		an applicant for or the holder of a nonresident pharmacy license if
170	166		the board finds that the applicant or license holder has failed to
171	167		comply with:
172	168		(1) Section 481.073, 481.074, [or] 481.075, 481.076,
173	169		481.0761, 481.0762, 481.0763, 481.0764, 481.0765, 481.07655,
174	170		481.0766, 481.0768, or 481.0769, Health and Safety Code;
175	171		(2) Texas substitution requirements regarding:
176	172		(A) the practitioner's directions concerning
177	173		generic substitution;
178	174		(B) the patient's right to refuse generic
179	175		substitution; or
180	176		(C) notification to the patient of the patient's
181	177		right to refuse substitution;
182	178		(3) any board rule relating to providing drug
183	179		information to the patient or the patient's agent in written form or
184	180		by telephone; or
185	181		(4) any board rule adopted under Section 554.051(a)
186	182		and determined by the board to be applicable under Section
187	183		554.051(b).
188	184		SECTION 6. The State Auditor's Office, in accordance with
189	185		Chapter 321, Government Code, shall audit the Texas State Board of
190	186		Pharmacy with respect to the information submitted to the board and
191	187		access to that information under Sections 481.074, 481.075,
192	188		481.076, and 481.0761, Health and Safety Code. The audit must
193	189		consider the economy and efficiency and the effectiveness of the
194	190		systems for submission of and access to the information, including
195	191		vendor performance and contract management. The audit must be
196	192		completed not later than December 1, 2024.
197	193		SECTION 7. Not later than September 1, 2020, each
198	194		regulatory agency that issues a license, certification, or
199	195		registration to a prescriber or dispenser shall evaluate and update
200	196		any administrative penalties and guidelines as provided by Section
201	197		481.0769, Health and Safety Code, as added by this Act.
202	198		SECTION 8. Notwithstanding Section 24, Chapter 485 (H.B.
203	199		2561), Acts of the 85th Legislature, Regular Session, 2017, Section
204	200		481.0764(a), Health and Safety Code, as added by that Act, applies
205	201		only to:
206	202		(1) a prescriber, other than a veterinarian, who
207	203		issues a prescription for a controlled substance on or after March
208	204		1, 2020; or
209	205		(2) a person authorized by law to dispense a
210	206		controlled substance, other than a veterinarian, who dispenses a
211	207		controlled substance on or after March 1, 2020.
212		-	SECTION 9. To the extent of any conflict, this Act prevails
213		-	over another Act of the 86th Legislature, Regular Session, 2019,
214		-	relating to nonsubstantive additions to and corrections in enacted
215		-	codes.
216		-	SECTION 10. This Act takes effect September 1, 2019.
	208	+	SECTION 9. This Act takes effect September 1, 2019.