86R5594 JSC-D
By: Watson S.B. No. 363
A BILL TO BE ENTITLED
AN ACT
relating to access to certain controlled substance prescription
information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 481.076(a), (f), (g), and (h), Health
and Safety Code, are amended to read as follows:
(a) The board may not permit any person to have access to
information submitted to the board under Section 481.074(q) or
481.075 except:
(1) the board, the Texas Medical Board, the Texas
Department of Licensing and Regulation, with respect to the
regulation of podiatrists [State Board of Podiatric Medical
Examiners], the State Board of Dental Examiners, the State Board of
Veterinary Medical Examiners, the Texas Board of Nursing, or the
Texas Optometry Board for the purpose of:
(A) investigating a specific license holder; or
(B) monitoring for potentially harmful
prescribing or dispensing patterns or practices under Section
481.0762;
(2) an [authorized officer or member of the department
or] authorized employee of the board engaged in the administration,
investigation, or enforcement of this chapter or another law
governing illicit drugs in this state or another state;
(3) the department or other [on behalf of a] law
enforcement or prosecutorial official engaged in the
administration, investigation, or enforcement of this chapter or
another law governing illicit drugs in this state or another state,
if the board is provided a warrant, subpoena, or other court order
compelling the disclosure;
(4) a medical examiner conducting an investigation;
(5) provided that accessing the information is
authorized under the Health Insurance Portability and
Accountability Act of 1996 (Pub. L. No. 104-191) and regulations
adopted under that Act:
(A) a pharmacist or a pharmacy technician, as
defined by Section 551.003, Occupations Code, acting at the
direction of a pharmacist; or
(B) a practitioner who:
(i) is a physician, dentist, veterinarian,
podiatrist, optometrist, or advanced practice nurse or is a
physician assistant described by Section 481.002(39)(D) or an
employee or other agent of a practitioner acting at the direction of
a practitioner; and
(ii) is inquiring about a recent Schedule
II, III, IV, or V prescription history of a particular patient of
the practitioner;
(6) a pharmacist or practitioner who is inquiring
about the person's own dispensing or prescribing activity; or
(7) one or more states or an association of states with
which the board has an interoperability agreement, as provided by
Subsection (j).
(f) If the board accesses [director permits access to]
information under Subsection (a)(2) relating to a person licensed
or regulated by an agency listed in Subsection (a)(1), the board
[director] shall notify and cooperate with that agency regarding
the disposition of the matter before taking action against the
person, unless the board [director] determines that notification is
reasonably likely to interfere with an administrative or criminal
investigation or prosecution.
(g) If the board provides [director permits] access to
information under Subsection (a)(3) relating to a person licensed
or regulated by an agency listed in Subsection (a)(1), the board
[director] shall notify that agency of the disclosure of the
information not later than the 10th working day after the date the
information is disclosed.
(h) If the board [director] withholds notification to an
agency under Subsection (f), the board [director] shall notify the
agency of the disclosure of the information and the reason for
withholding notification when the board [director] determines that
notification is no longer likely to interfere with an
administrative or criminal investigation or prosecution.
SECTION 2. Sections 481.076(a-3), (a-4), and (a-5), Health
and Safety Code, are repealed.
SECTION 3. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 4. The changes in law made by this Act apply only to
information accessed on or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2019.