By: Nelson S.R. No. 852
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 86th
Legislature, Regular Session, 2019, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
House Bill 3284 (the prescribing and dispensing of controlled
substances under the Texas Controlled Substances Act;
authorizing a fee; providing for administrative penalties;
creating criminal offenses) to consider and take action on the
following matters:
(1) Senate Rule 12.03(2) is suspended to permit the
committee to omit text not in disagreement by omitting SECTION 1
of the house engrossment of House Bill 3284 and the corresponding
SECTION of the bill as the bill was amended by the senate adding
Section 481.0755, Health and Safety Code, which reads as follows:
SECTION 1. Subchapter C, Chapter 481, Health and Safety
Code, is amended by adding Section 481.0755 to read as follows:
Sec. 481.0755. WRITTEN, ORAL, AND TELEPHONICALLY
COMMUNICATED PRESCRIPTIONS. (a) Notwithstanding Sections
481.073, 481.074, and 481.075, a person prescribing or
dispensing a controlled substance must use the electronic
prescription record and may not use a written, oral, or
telephonically communicated prescription.
(b) A prescriber may issue a written, oral, or
telephonically communicated prescription for a controlled
substance as authorized under this subchapter only if the
prescription is issued:
(1) by a veterinarian;
(2) in circumstances in which electronic
prescribing is not available due to temporary technological or
electronic failure, as prescribed by board rule;
(3) by a practitioner to be dispensed by a pharmacy
located outside this state, as prescribed by board rule;
(4) when the prescriber and dispenser are the same
entity;
(5) in circumstances in which necessary elements
are not supported by the most recent electronic prescription drug
software;
(6) for a drug for which the United States Food and
Drug Administration requires additional information in the
prescription that is not possible with electronic prescribing;
(7) for a non-patient-specific prescription
pursuant to a standing order, approved protocol for drug therapy,
collaborative drug management, or comprehensive medication
management, in response to a public health emergency or in other
circumstances in which the practitioner may issue a
non-patient-specific prescription;
(8) for a drug under a research protocol;
(9) by a prescriber who is employed by or is
practicing a health care profession at a health-related
institution, as defined by Section 62.161, Education Code, as
added by Chapter 448 (H.B. 7), Acts of the 84th Legislature,
2015;
(10) by a practitioner who has received a waiver
under Subsection (c) from the requirement to use electronic
prescribing; or
(11) under circumstances in which the practitioner
has the present ability to submit an electronic prescription but
reasonably determines that it would be impractical for the
patient to obtain the drugs prescribed under the electronic
prescription in a timely manner and that a delay would adversely
impact the patient's medical condition.
(c) The board shall adopt rules establishing a process by
which a practitioner may request and receive a waiver under
Subsection (b)(10), not to exceed one year, from the requirement
to use electronic prescribing. The board shall adopt rules
establishing the eligibility for a waiver, including:
(1) economic hardship;
(2) technological limitations not reasonably within
the control of the practitioner; or
(3) other exceptional circumstances demonstrated by
the practitioner.
(d) A written, oral, or telephonically communicated
prescription must comply with the applicable requirements
prescribed by Sections 481.074 and 481.075.
(e) A dispensing pharmacist who receives a controlled
substance prescription in a manner other than electronically is
not required to verify that the prescription is exempt from the
requirement that it be submitted electronically.
(f) The board shall enforce this section.
Explanation: This change is necessary to avoid
conflicting with language in House Bill 2174 that also adds
Section 481.0755, Health and Safety Code. The house has
concurred in the senate amendments to House Bill 2174.
(2) Senate Rules 12.03 (1) and (2) are suspended to
permit the committee to change and omit text not in disagreement
in SECTIONS 6 and 9 of the house engrossment of House Bill 3284
and the corresponding SECTIONS of the bill as the bill was
amended by the senate, to strike references to Section 481.0755,
Health and Safety Code.
Explanation: This change is necessary to conform
cross-references to the omission of proposed Section 481.0755,
Health and Safety Code.
(3) Senate Rule 12.03(2) is suspended to permit the
committee to omit text not in disagreement by omitting SECTION 13
of the house engrossment of House Bill 3284 and the corresponding
SECTION of the bill as the bill was amended by the senate, which
reads as follows:
SECTION 13. Section 481.0755, Health and Safety Code, as
added by this Act, applies only to a prescription issued on or
after the effective date of this Act.
Explanation: This change is necessary to conform to the
omission of proposed Section 481.0755, Health and Safety Code.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 26, 2019, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate