Texas 2019 - 86th Regular

Texas Senate Bill SB363 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Watson S.B. No. 363
	2	+	(In the Senate - Filed January 16, 2019; February 7, 2019,
	3	+	read first time and referred to Committee on Health & Human
	4	+	Services; March 14, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	March 14, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 363 By: Perry
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to access to certain controlled substance prescription
7	14		information.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Sections 481.076(a), (f), (g), and (h), Health
10	17		and Safety Code, are amended to read as follows:
11	18		(a) The board may not permit any person to have access to
12	19		information submitted to the board under Section 481.074(q) or
13	20		481.075 except:
14	21		(1) the board, the Texas Medical Board, the Texas
15	22		Department of Licensing and Regulation, with respect to the
16	23		regulation of podiatrists [State Board of Podiatric Medical
17	24		Examiners], the State Board of Dental Examiners, the State Board of
18	25		Veterinary Medical Examiners, the Texas Board of Nursing, or the
19	26		Texas Optometry Board for the purpose of:
20	27		(A) investigating a specific license holder; or
21	28		(B) monitoring for potentially harmful
22	29		prescribing or dispensing patterns or practices under Section
23	30		481.0762;
24	31		(2) an [authorized officer or member of the department
25	32		or] authorized employee of the board engaged in the administration,
26	33		investigation, or enforcement of this chapter or another law
27	34		governing illicit drugs in this state or another state;
28	35		(3) the department or other [on behalf of a] law
29	36		enforcement or prosecutorial official engaged in the
30	37		administration, investigation, or enforcement of this chapter or
31	38		another law governing illicit drugs in this state or another state,
32	39		if the board is provided a warrant, subpoena, or other court order
33	40		compelling the disclosure;
34	41		(4) a medical examiner conducting an investigation;
35	42		(5) provided that accessing the information is
36	43		authorized under the Health Insurance Portability and
37	44		Accountability Act of 1996 (Pub. L. No. 104-191) and regulations
38	45		adopted under that Act:
39	46		(A) a pharmacist or a pharmacy technician, as
40	47		defined by Section 551.003, Occupations Code, acting at the
41	48		direction of a pharmacist; or
42	49		(B) a practitioner who:
43	50		(i) is a physician, dentist, veterinarian,
44	51		podiatrist, optometrist, or advanced practice nurse or is a
45	52		physician assistant described by Section 481.002(39)(D) or an
46	53		employee or other agent of a practitioner acting at the direction of
47	54		a practitioner; and
48	55		(ii) is inquiring about a recent Schedule
49	56		II, III, IV, or V prescription history of a particular patient of
50	57		the practitioner;
51	58		(6) a pharmacist or practitioner who is inquiring
52	59		about the person's own dispensing or prescribing activity; [or]
53	60		(7) one or more states or an association of states with
54	61		which the board has an interoperability agreement, as provided by
55	62		Subsection (j); or
56	63		(8) the office of the attorney general conducting an
57	64		investigation into a violation of Chapter 36, Human Resources Code.
58	65		(f) If the board accesses [director permits access to]
59	66		information under Subsection (a)(2) relating to a person licensed
60	67		or regulated by an agency listed in Subsection (a)(1), the board
61	68		[director] shall notify and cooperate with that agency regarding
62	69		the disposition of the matter before taking action against the
63	70		person, unless the board [director] determines that notification is
64	71		reasonably likely to interfere with an administrative or criminal
65	72		investigation or prosecution.
66	73		(g) If the board provides [director permits] access to
67	74		information under Subsection (a)(3) relating to a person licensed
68	75		or regulated by an agency listed in Subsection (a)(1), the board
69	76		[director] shall notify that agency of the disclosure of the
70	77		information not later than the 10th working day after the date the
71	78		information is disclosed.
72	79		(h) If the board [director] withholds notification to an
73	80		agency under Subsection (f), the board [director] shall notify the
74	81		agency of the disclosure of the information and the reason for
75	82		withholding notification when the board [director] determines that
76	83		notification is no longer likely to interfere with an
77	84		administrative or criminal investigation or prosecution.
78	85		SECTION 2. Sections 481.076(a-3), (a-4), and (a-5), Health
79	86		and Safety Code, are repealed.
80	87		SECTION 3. To the extent of any conflict, this Act prevails
81	88		over another Act of the 86th Legislature, Regular Session, 2019,
82	89		relating to nonsubstantive additions to and corrections in enacted
83	90		codes.
84	91		SECTION 4. The changes in law made by this Act apply only to
85	92		information accessed on or after the effective date of this Act.
86	93		SECTION 5. This Act takes effect September 1, 2019.
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