S.B. No. 683
AN ACT
relating to the licensing and regulation of pharmacists and
pharmacies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.075(i), Health and Safety Code, is
amended to read as follows:
(i) Each dispensing pharmacist shall:
(1) fill in on the official prescription form or note
in the electronic prescription record each item of information
given orally to the dispensing pharmacy under Subsection (h) and
the date the prescription is filled, and:
(A) for a written prescription, fill in the
dispensing pharmacist's signature; or
(B) for an electronic prescription,
appropriately record the identity of the dispensing pharmacist in
the electronic prescription record;
(2) retain with the records of the pharmacy for at
least two years:
(A) the official prescription form or the
electronic prescription record, as applicable; and
(B) the name or other patient identification
required by Section 481.074(m) or (n); [and]
(3) send all required information, including any
information required to complete an official prescription form or
electronic prescription record, to the board by electronic transfer
or another form approved by the board not later than the next
business day after the date the prescription is completely filled;
and
(4) if the pharmacy does not dispense any controlled
substance prescriptions during a period of seven consecutive days,
send a report to the board indicating that the pharmacy did not
dispense any controlled substance prescriptions during that
period, unless the pharmacy has obtained a waiver or permission to
delay reporting to the board.
SECTION 2. Sections 481.076(a) and (k), 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 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;
(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 pharmacist-intern,
pharmacy technician, or pharmacy technician trainee, as defined by
Section 551.003, Occupations Code, acting at the direction of a
pharmacist, who is inquiring about a recent Schedule II, III, IV, or
V prescription history of a particular patient of the 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 a
practitioner who is inquiring about the prescribing activity of an
individual to whom the practitioner has delegated prescribing
authority; or
(7) one or more states or an association of states with
which the board has an interoperability agreement, as provided by
Subsection (j).
(k) A person authorized to access information under
Subsection (a)(4) or (5) who is registered with the board for
electronic access to the information is entitled to directly access
the information available from other states pursuant to an
interoperability agreement described by Subsection (j).
SECTION 3. Section 481.0766(a), Health and Safety Code, is
amended to read as follows:
(a) A wholesale distributor shall report to the board the
distribution of all Schedules II, III, IV, and V controlled
substances [information that the distributor is required to report
to the Automation of Reports and Consolidated Orders System (ARCOS)
of the Federal Drug Enforcement Administration for the distribution
of a controlled substance] by the distributor to a person in this
state. The distributor shall report the information to the board in
the same format and with the same frequency as the information is
reported to the Federal Drug Enforcement Administration [ARCOS].
SECTION 4. Section 481.353(a), Health and Safety Code, is
amended to read as follows:
(a) The work group shall meet when necessary as determined
by the board [at least quarterly].
SECTION 5. Section 560.051(f), Occupations Code, is amended
to read as follows:
(f) A Class E pharmacy license or nonresident pharmacy
license may be issued to a pharmacy located in another state whose
primary business is to:
(1) [(A)] dispense a prescription drug or device under
a prescription drug order[;] and
[(B)] deliver the drug or device to a patient,
including a patient in this state, by United States mail, common
carrier, or delivery service;
(2) process a prescription drug order for a patient,
including a patient in this state; or
(3) perform another pharmaceutical service, as
defined by board rule.
SECTION 6. Subchapter B, Chapter 565, Occupations Code, is
amended by adding Section 565.0591 to read as follows:
Sec. 565.0591. REVOCATION OF PHARMACY LICENSE FOR FAILURE
TO OPERATE. (a) On discovery by the board that a pharmacy licensed
under Chapter 560 has ceased to operate for a period of 30 days or
longer, the board shall notify the pharmacy that the license will be
revoked.
(b) The notice must:
(1) include a statement that the pharmacy license is
being revoked for violation of Section 565.002(a)(7); and
(2) inform the license holder of the license holder's
right to a hearing to contest the revocation.
(c) Not later than the 20th day after the date the license
holder receives the notice of revocation under this section, the
license holder may submit a written request for a hearing to contest
the revocation.
(d) If the license holder does not request a hearing within
the period prescribed by Subsection (c), the board shall:
(1) enter an order revoking the license; and
(2) notify the license holder of the order.
(e) If the license holder requests a hearing within the
period prescribed by Subsection (c), a panel of three board members
appointed by the president of the board shall conduct the hearing.
At the hearing the panel shall determine whether the license holder
has violated Section 565.002(a)(7).
(f) If the panel determines that the license holder
committed the violation, the board shall promptly:
(1) enter an order revoking the license; and
(2) notify the license holder of the order.
(g) Chapter 2001, Government Code, does not apply to a
determination under Subsection (e).
SECTION 7. The following provisions of the Occupations Code
are repealed:
(1) Sections 554.016, 556.0555, 560.001(c), 560.0525,
561.003(f), 562.101(f-1), and 562.111; and
(2) Subchapter E, Chapter 562.
SECTION 8. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 683 passed the Senate on
March 26, 2019, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 21, 2019, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 683 passed the House, with
amendment, on May 15, 2019, by the following vote: Yeas 141,
Nays 4, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor