Texas 2019 - 86th Regular

Texas Senate Bill SR852 Compare Versions

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1	1		By: Nelson S.R. No. 852
2	2
3	3
4	4		SENATE RESOLUTION
5	5		BE IT RESOLVED by the Senate of the State of Texas, 86th
6	6		Legislature, Regular Session, 2019, That Senate Rule 12.03 be
7	7		suspended in part as provided by Senate Rule 12.08 to enable the
8	8		conference committee appointed to resolve the differences on
9	9		House Bill 3284 (the prescribing and dispensing of controlled
10	10		substances under the Texas Controlled Substances Act;
11	11		authorizing a fee; providing for administrative penalties;
12	12		creating criminal offenses) to consider and take action on the
13	13		following matters:
14	14		(1) Senate Rule 12.03(2) is suspended to permit the
15	15		committee to omit text not in disagreement by omitting SECTION 1
16	16		of the house engrossment of House Bill 3284 and the corresponding
17	17		SECTION of the bill as the bill was amended by the senate adding
18	18		Section 481.0755, Health and Safety Code, which reads as follows:
19	19		SECTION 1. Subchapter C, Chapter 481, Health and Safety
20	20		Code, is amended by adding Section 481.0755 to read as follows:
21	21		Sec. 481.0755. WRITTEN, ORAL, AND TELEPHONICALLY
22	22		COMMUNICATED PRESCRIPTIONS. (a) Notwithstanding Sections
23	23		481.073, 481.074, and 481.075, a person prescribing or
24	24		dispensing a controlled substance must use the electronic
25	25		prescription record and may not use a written, oral, or
26	26		telephonically communicated prescription.
27	27		(b) A prescriber may issue a written, oral, or
28	28		telephonically communicated prescription for a controlled
29	29		substance as authorized under this subchapter only if the
30	30		prescription is issued:
31	31		(1) by a veterinarian;
32	32		(2) in circumstances in which electronic
33	33		prescribing is not available due to temporary technological or
34	34		electronic failure, as prescribed by board rule;
35	35		(3) by a practitioner to be dispensed by a pharmacy
36	36		located outside this state, as prescribed by board rule;
37	37		(4) when the prescriber and dispenser are the same
38	38		entity;
39	39		(5) in circumstances in which necessary elements
40	40		are not supported by the most recent electronic prescription drug
41	41		software;
42	42		(6) for a drug for which the United States Food and
43	43		Drug Administration requires additional information in the
44	44		prescription that is not possible with electronic prescribing;
45	45		(7) for a non-patient-specific prescription
46	46		pursuant to a standing order, approved protocol for drug therapy,
47	47		collaborative drug management, or comprehensive medication
48	48		management, in response to a public health emergency or in other
49	49		circumstances in which the practitioner may issue a
50	50		non-patient-specific prescription;
51	51		(8) for a drug under a research protocol;
52	52		(9) by a prescriber who is employed by or is
53	53		practicing a health care profession at a health-related
54	54		institution, as defined by Section 62.161, Education Code, as
55	55		added by Chapter 448 (H.B. 7), Acts of the 84th Legislature,
56	56		2015;
57	57		(10) by a practitioner who has received a waiver
58	58		under Subsection (c) from the requirement to use electronic
59	59		prescribing; or
60	60		(11) under circumstances in which the practitioner
61	61		has the present ability to submit an electronic prescription but
62	62		reasonably determines that it would be impractical for the
63	63		patient to obtain the drugs prescribed under the electronic
64	64		prescription in a timely manner and that a delay would adversely
65	65		impact the patient's medical condition.
66	66		(c) The board shall adopt rules establishing a process by
67	67		which a practitioner may request and receive a waiver under
68	68		Subsection (b)(10), not to exceed one year, from the requirement
69	69		to use electronic prescribing. The board shall adopt rules
70	70		establishing the eligibility for a waiver, including:
71	71		(1) economic hardship;
72	72		(2) technological limitations not reasonably within
73	73		the control of the practitioner; or
74	74		(3) other exceptional circumstances demonstrated by
75	75		the practitioner.
76	76		(d) A written, oral, or telephonically communicated
77	77		prescription must comply with the applicable requirements
78	78		prescribed by Sections 481.074 and 481.075.
79	79		(e) A dispensing pharmacist who receives a controlled
80	80		substance prescription in a manner other than electronically is
81	81		not required to verify that the prescription is exempt from the
82	82		requirement that it be submitted electronically.
83	83		(f) The board shall enforce this section.
84		-	Explanation: This change is necessary to avoid
85		-	~~conflicting~~ with language in House Bill 2174 that also adds
86		-	~~Section 481.0755,~~ Health and Safety Code. The house has
87		-	~~concurred in the senate~~ amendments to House Bill 2174.
	84	+	Explanation: This change is necessary to avoid conflicting
	85	+	with language in House Bill 2174 that also adds Section 481.0755,
	86	+	Health and Safety Code. The house has concurred in the senate
	87	+	amendments to House Bill 2174.
88	88		(2) Senate Rules 12.03 (1) and (2) are suspended to
89	89		permit the committee to change and omit text not in disagreement
90	90		in SECTIONS 6 and 9 of the house engrossment of House Bill 3284
91	91		and the corresponding SECTIONS of the bill as the bill was
92	92		amended by the senate, to strike references to Section 481.0755,
93	93		Health and Safety Code.
94	94		Explanation: This change is necessary to conform
95	95		cross-references to the omission of proposed Section 481.0755,
96	96		Health and Safety Code.
97	97		(3) Senate Rule 12.03(2) is suspended to permit the
98	98		committee to omit text not in disagreement by omitting SECTION 13
99	99		of the house engrossment of House Bill 3284 and the corresponding
100	100		SECTION of the bill as the bill was amended by the senate, which
101	101		reads as follows:
102	102		SECTION 13. Section 481.0755, Health and Safety Code, as
103	103		added by this Act, applies only to a prescription issued on or
104	104		after the effective date of this Act.
105	105		Explanation: This change is necessary to conform to the
106	106		omission of proposed Section 481.0755, Health and Safety Code.
107		-	_______________________________
108		-	President of the Senate
109		-	I hereby certify that the
110		-	above Resolution was adopted by
111		-	the Senate on May 26, 2019, by the
112		-	following vote: Yeas 31, Nays 0.
113		-	_______________________________
114		-	Secretary of the Senate