Bill Text: TX SR852 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Suspending limitations on conference committee jurisdiction on HB 3284.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-05-26 - Reported enrolled [SR852 Detail]
Download: Texas-2019-SR852-Introduced.html
Bill Title: Suspending limitations on conference committee jurisdiction on HB 3284.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-05-26 - Reported enrolled [SR852 Detail]
Download: Texas-2019-SR852-Introduced.html
By: Nelson | S.R. No. 852 | |
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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. |