Bill Text: TX SB2316 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to controlled substance prescriptions under the Texas Controlled Substances Act; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2019-05-14 - Committee report sent to Calendars [SB2316 Detail]
Download: Texas-2019-SB2316-Comm_Sub.html
Bill Title: Relating to controlled substance prescriptions under the Texas Controlled Substances Act; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2019-05-14 - Committee report sent to Calendars [SB2316 Detail]
Download: Texas-2019-SB2316-Comm_Sub.html
By: Hinojosa | S.B. No. 2316 | |
(In the Senate - Filed March 8, 2019; March 21, 2019, read | ||
first time and referred to Committee on Health & Human Services; | ||
April 23, 2019, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 9, Nays 0; April 23, 2019, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 2316 | By: Perry |
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relating to controlled substance prescriptions under the Texas | ||
Controlled Substances Act; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 481.003(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The director may adopt rules to administer and enforce | ||
this chapter, other than Sections 481.073, 481.074, 481.075, | ||
481.076, 481.0761, 481.0762, 481.0763, 481.0764, 481.0765, | ||
481.07655, [ |
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board may adopt rules to administer Sections 481.073, 481.074, | ||
481.075, 481.076, 481.0761, 481.0762, 481.0763, 481.0764, | ||
481.0765, 481.07655, [ |
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481.0769. | ||
SECTION 2. Subchapter C, Chapter 481, Health and Safety | ||
Code, is amended by adding Sections 481.07655, 481.0767, 481.0768, | ||
and 481.0769 to read as follows: | ||
Sec. 481.07655. LIMITATION OF LIABILITY. (a) A prescriber | ||
or dispenser is not liable in a civil action for damages arising | ||
from the failure to access prescription drug information as | ||
required or authorized by Section 481.0764 or failure to submit the | ||
information to the board as required under Section 481.074(q) or | ||
481.075, unless the failure constitutes gross negligence or wilful | ||
misconduct and the prescriber or dispenser would be liable to the | ||
claimant under other law. | ||
(b) This section does not establish a standard of care. | ||
Sec. 481.0767. ADVISORY COMMITTEE. (a) The board shall | ||
establish an advisory committee to make recommendations regarding | ||
information submitted to the board and access to that information | ||
under Sections 481.074, 481.075, 481.076, and 481.0761. | ||
(b) The board shall appoint the following members to the | ||
advisory committee: | ||
(1) a physician licensed in this state who practices | ||
in pain management; | ||
(2) a physician licensed in this state who practices | ||
in family medicine; | ||
(3) a physician licensed in this state who performs | ||
surgery; | ||
(4) a physician licensed in this state who practices | ||
in emergency medicine; | ||
(5) a dentist licensed in this state who performs oral | ||
surgery; | ||
(6) a podiatrist licensed in this state; | ||
(7) a physician assistant to whom a physician has | ||
delegated the authority to prescribe or order a drug; | ||
(8) an advanced practice registered nurse to whom a | ||
physician has delegated the authority to prescribe or order a drug; | ||
(9) a pharmacist working at a chain pharmacy; | ||
(10) a pharmacist working at an independent pharmacy; | ||
(11) a veterinarian; and | ||
(12) an electronic records consultant. | ||
(c) Members of the advisory committee serve three-year | ||
terms. Each member shall serve until the member's replacement has | ||
been appointed. | ||
(d) The advisory committee shall annually elect a presiding | ||
officer from its members. | ||
(e) The advisory committee shall meet at least two times a | ||
year and at the call of the presiding officer or the board. | ||
(f) A member of the advisory committee serves without | ||
compensation but may be reimbursed by the board for actual expenses | ||
incurred in performing the duties of the advisory committee. | ||
(g) The advisory committee is abolished and this section | ||
expires on September 1, 2023. | ||
Sec. 481.0768. CRIMINAL OFFENSE: DISCLOSURE OR USE OF | ||
INFORMATION. (a) A person authorized to receive information under | ||
Section 481.076(a) commits an offense if the person discloses or | ||
uses the information in a manner not authorized by this subchapter | ||
or other law. | ||
(b) An offense under this section is a Class A misdemeanor. | ||
Sec. 481.0769. ADMINISTRATIVE PENALTY: DISCLOSURE OR USE | ||
OF INFORMATION. (a) A regulatory agency that issues a license, | ||
certification, or registration to a prescriber or dispenser shall | ||
periodically update the administrative penalties, or any | ||
applicable disciplinary guidelines concerning the penalties, | ||
assessed by that agency for conduct constituting an offense under | ||
Section 481.0768(a). | ||
(b) The agency shall set the penalties in an amount | ||
sufficient to deter the conduct. | ||
SECTION 3. Section 554.051, Occupations Code, is amended by | ||
amending Subsection (a-1) and adding Subsection (a-2) to read as | ||
follows: | ||
(a-1) The board may adopt rules to administer Sections | ||
481.073, 481.074, 481.075, 481.076, 481.0761, 481.0762, 481.0763, | ||
481.0764, 481.0765, 481.07655, [ |
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481.0769, Health and Safety Code. | ||
(a-2) The board may adopt rules to administer Section | ||
481.0767, Health and Safety Code. This subsection expires | ||
September 1, 2023. | ||
SECTION 4. Section 565.003, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 565.003. ADDITIONAL GROUNDS FOR DISCIPLINE REGARDING | ||
APPLICANT FOR OR HOLDER OF NONRESIDENT PHARMACY LICENSE. Unless | ||
compliance would violate the pharmacy or drug statutes or rules in | ||
the state in which the pharmacy is located, the board may discipline | ||
an applicant for or the holder of a nonresident pharmacy license if | ||
the board finds that the applicant or license holder has failed to | ||
comply with: | ||
(1) Section 481.073, 481.074, [ |
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481.0761, 481.0762, 481.0763, 481.0764, 481.0765, 481.07655, | ||
481.0766, 481.0768, or 481.0769, Health and Safety Code; | ||
(2) Texas substitution requirements regarding: | ||
(A) the practitioner's directions concerning | ||
generic substitution; | ||
(B) the patient's right to refuse generic | ||
substitution; or | ||
(C) notification to the patient of the patient's | ||
right to refuse substitution; | ||
(3) any board rule relating to providing drug | ||
information to the patient or the patient's agent in written form or | ||
by telephone; or | ||
(4) any board rule adopted under Section 554.051(a) | ||
and determined by the board to be applicable under Section | ||
554.051(b). | ||
SECTION 5. Not later than September 1, 2020, each | ||
regulatory agency that issues a license, certification, or | ||
registration to a prescriber or dispenser shall evaluate and update | ||
any administrative penalties and guidelines as provided by Section | ||
481.0769, Health and Safety Code, as added by this Act. | ||
SECTION 6. Notwithstanding Section 24, Chapter 485 (H.B. | ||
2561), Acts of the 85th Legislature, Regular Session, 2017, Section | ||
481.0764(a), Health and Safety Code, as added by that Act, applies | ||
only to: | ||
(1) a prescriber, other than a veterinarian, who | ||
issues a prescription for a controlled substance on or after March | ||
1, 2020; or | ||
(2) a person authorized by law to dispense a | ||
controlled substance, other than a veterinarian, who dispenses a | ||
controlled substance on or after March 1, 2020. | ||
SECTION 7. This Act takes effect September 1, 2019. | ||
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