Bill Text: TX HR2195 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Suspending limitations on conference committee jurisdiction, H.B. No. 3284.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-05-27 - Reported enrolled [HR2195 Detail]
Download: Texas-2019-HR2195-Enrolled.html
H.R. No. 2195 |
|
||
BE IT RESOLVED by the House of Representatives of the State of | ||
Texas, 86th Legislature, Regular Session, 2019, That House Rule 13, | ||
Section 9(a), be suspended in part as provided by House Rule 13, | ||
Section 9(f), 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) House Rule 13, Section 9(a)(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) House Rule 13, Sections 9(a)(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) House Rule 13, Section 9(a)(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. | ||
Sheffield | ||
______________________________ | ||
Speaker of the House | ||
I certify that H.R. No. 2195 was adopted by the House on May | ||
26, 2019, by the following vote: Yeas 139, Nays 4, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||