Texas 2023 - 88th Regular

Texas House Bill HB2767 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R7685 JSC-F
2	2	By: Klick H.B. No. 2767
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the sharing of controlled substance prescription
8	8	monitoring information between the Texas State Board of Pharmacy
9	9	and the Health and Human Services Commission for the state Medicaid
10	10	program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 481.076, Health and Safety Code, is
13	13	amended by amending Subsections (a), (d), and (k) and adding
14	14	Subsections (a-3) and (l) to read as follows:
15	15	(a) The board may not permit any person to have access to
16	16	information submitted to the board under Section 481.074(q) or
17	17	481.075 except:
18	18	(1) the board, the Texas Medical Board, the Texas
19	19	Department of Licensing and Regulation, with respect to the
20	20	regulation of podiatrists, the State Board of Dental Examiners, the
21	21	State Board of Veterinary Medical Examiners, the Texas Board of
22	22	Nursing, or the Texas Optometry Board for the purpose of:
23	23	(A) investigating a specific license holder; or
24	24	(B) monitoring for potentially harmful
25	25	prescribing or dispensing patterns or practices under Section
26	26	481.0762;
27	27	(2) an authorized employee of the board engaged in the
28	28	administration, investigation, or enforcement of this chapter or
29	29	another law governing illicit drugs in this state or another state;
30	30	(3) the department or other law enforcement or
31	31	prosecutorial official engaged in the administration,
32	32	investigation, or enforcement of this chapter or another law
33	33	governing illicit drugs in this state or another state, if the board
34	34	is provided a warrant, subpoena, or other court order compelling
35	35	the disclosure;
36	36	(4) a medical examiner conducting an investigation;
37	37	(5) provided that accessing the information is
38	38	authorized under the Health Insurance Portability and
39	39	Accountability Act of 1996 (Pub. L. No. 104-191) and regulations
40	40	adopted under that Act:
41	41	(A) a pharmacist or a pharmacist-intern,
42	42	pharmacy technician, or pharmacy technician trainee, as defined by
43	43	Section 551.003, Occupations Code, acting at the direction of a
44	44	pharmacist, who is inquiring about a recent Schedule II, III, IV, or
45	45	V prescription history of a particular patient of the pharmacist;
46	46	or
47	47	(B) a practitioner who:
48	48	(i) is a physician, dentist, veterinarian,
49	49	podiatrist, optometrist, or advanced practice nurse or is a
50	50	physician assistant described by Section 481.002(39)(D) or an
51	51	employee or other agent of a practitioner acting at the direction of
52	52	a practitioner; and
53	53	(ii) is inquiring about a recent Schedule
54	54	II, III, IV, or V prescription history of a particular patient of
55	55	the practitioner;
56	56	(6) a pharmacist or practitioner who is inquiring
57	57	about the person's own dispensing or prescribing activity or a
58	58	practitioner who is inquiring about the prescribing activity of an
59	59	individual to whom the practitioner has delegated prescribing
60	60	authority;
61	61	(7) one or more states or an association of states with
62	62	which the board has an interoperability agreement, as provided by
63	63	Subsection (j);
64	64	(8) a health care facility certified by the federal
65	65	Centers for Medicare and Medicaid Services; [or]
66	66	(9) the patient, the patient's parent or legal
67	67	guardian, if the patient is a minor, or the patient's legal
68	68	guardian, if the patient is an incapacitated person, as defined by
69	69	Section 1002.017(2), Estates Code, inquiring about the patient's
70	70	prescription record, including persons who have accessed that
71	71	record; or
72	72	(10) the Health and Human Services Commission or the
73	73	commission's designee for the purpose of meeting the standards
74	74	required by 42 U.S.C. Section 1396w-3a for a qualified prescription
75	75	drug monitoring program.
76	76	(a-3) A person authorized to receive information under
77	77	Subsection (a)(10) may only access information necessary to comply
78	78	with 42 U.S.C. Section 1396w-3a for the purpose of administering
79	79	the medical assistance program under Chapter 32, Human Resources
80	80	Code.
81	81	(d) Information submitted to the board under this section
82	82	may be used only for:
83	83	(1) the administration, investigation, or enforcement
84	84	of this chapter or another law governing illicit drugs in this state
85	85	or another state;
86	86	(2) investigatory, evidentiary, or monitoring
87	87	purposes in connection with the functions of an agency listed in
88	88	Subsection (a)(1);
89	89	(3) the prescribing and dispensing of controlled
90	90	substances by a person listed in Subsection (a)(5); [or]
91	91	(4) dissemination by the board to the public in the
92	92	form of a statistical tabulation or report if all information
93	93	reasonably likely to reveal the identity of each patient,
94	94	practitioner, or other person who is a subject of the information
95	95	has been removed; or
96	96	(5) the administration of the medical assistance
97	97	program under Chapter 32, Human Resources Code.
98	98	(k) A person authorized to access information under
99	99	Subsection (a)(4), [or] (5), or (10) who is registered with the
100	100	board for electronic access to the information is entitled to
101	101	directly access the information available from other states
102	102	pursuant to an interoperability agreement described by Subsection
103	103	(j).
104	104	(l) The board shall enter into and maintain a data-sharing
105	105	agreement with the Health and Human Services Commission for the
106	106	purpose of complying with 42 U.S.C. Section 1396w-3a(b). The
107	107	agreement must include a provision requiring the board and the
108	108	commission to timely share information to allow the commission
109	109	sufficient time to prepare and submit the annual report to the
110	110	United States Secretary of Health and Human Services described by
111	111	42 U.S.C. Section 1396w-3a(e).
112	112	SECTION 2. The Texas State Board of Pharmacy and the Health
113	113	and Human Services Commission shall enter into the data-sharing
114	114	agreement described by Section 481.076(l), Health and Safety Code,
115	115	as added by this Act, not later than January 1, 2024.
116	116	SECTION 3. If before implementing any provision of this Act
117	117	a state agency determines that a waiver or authorization from a
118	118	federal agency is necessary for implementation of that provision,
119	119	the agency affected by the provision shall request the waiver or
120	120	authorization and may delay implementing that provision until the
121	121	waiver or authorization is granted.
122	122	SECTION 4. This Act takes effect immediately if it receives
123	123	a vote of two-thirds of all the members elected to each house, as
124	124	provided by Section 39, Article III, Texas Constitution. If this
125	125	Act does not receive the vote necessary for immediate effect, this
126	126	Act takes effect September 1, 2023.