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AN ACT
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relating to the lawful manufacture, distribution, and possession of |
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and prescriptions for controlled substances under the Texas |
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Controlled Substances Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.061, Health and Safety Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) A person shall provide the department with the person's |
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Federal Drug Enforcement Administration number not later than the |
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45th day after the director issues a registration to the person |
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under this subchapter. |
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SECTION 2. Subsections (b), (k), and (q), Section 481.074, |
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Health and Safety Code, are amended to read as follows: |
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(b) Except in an emergency as defined by rule of the |
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director or as provided by Subsection (o) or Section 481.075(j) or |
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(m), a person may not dispense or administer a controlled substance |
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listed in Schedule II without the written prescription of a |
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practitioner on an official prescription form that meets the |
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requirements of and is completed by the practitioner in accordance |
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with Section 481.075. In an emergency, a person may dispense or |
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administer a controlled substance listed in Schedule II on the oral |
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or telephonically communicated prescription of a practitioner. The |
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person who administers or dispenses the substance shall: |
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(1) if the person is a prescribing practitioner or a |
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pharmacist, promptly comply with Subsection (c); or |
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(2) if the person is not a prescribing practitioner or |
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a pharmacist, promptly write the oral or telephonically |
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communicated prescription and include in the written record of the |
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prescription the name, address, [department registration number,] |
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and Federal Drug Enforcement Administration number issued for |
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prescribing a controlled substance in this state of the prescribing |
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practitioner, all information required to be provided by a |
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practitioner under Section 481.075(e)(1), and all information |
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required to be provided by a dispensing pharmacist under Section |
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481.075(e)(2). |
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(k) A prescription for a controlled substance must show: |
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(1) the quantity of the substance prescribed: |
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(A) numerically, followed by the number written |
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as a word, if the prescription is written; or |
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(B) if the prescription is communicated orally or |
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telephonically, as transcribed by the receiving pharmacist; |
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(2) the date of issue; |
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(2-a) if the prescription is issued for a Schedule II |
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controlled substance to be filled at a later date under Subsection |
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(d-1), the earliest date on which a pharmacy may fill the |
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prescription; |
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(3) the name, address, and date of birth or age of the |
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patient or, if the controlled substance is prescribed for an |
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animal, the species of the animal and the name and address of its |
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owner; |
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(4) the name and strength of the controlled substance |
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prescribed; |
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(5) the directions for use of the controlled |
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substance; |
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(6) the intended use of the substance prescribed |
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unless the practitioner determines the furnishing of this |
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information is not in the best interest of the patient; |
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(7) the legibly printed or stamped name, address, |
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Federal Drug Enforcement Administration [registration] number, and |
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telephone number of the practitioner at the practitioner's usual |
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place of business; and |
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(8) if the prescription is handwritten, the signature |
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of the prescribing practitioner[; and
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[(9)
if the prescribing practitioner is licensed in
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this state, the practitioner's department registration number]. |
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(q) Each dispensing pharmacist shall send all information |
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required by the director, including any information required to |
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complete the Schedule III through V prescription forms, to the |
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director by electronic transfer or another form approved by the |
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director not later than the seventh [15th] day after the date [last
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day of the month in which] the prescription is completely filled. |
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SECTION 3. Subsections (e) and (i), Section 481.075, Health |
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and Safety Code, are amended to read as follows: |
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(e) Each official prescription form used to prescribe a |
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Schedule II controlled substance must contain: |
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(1) information provided by the prescribing |
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practitioner, including: |
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(A) the date the prescription is written; |
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(B) the controlled substance prescribed; |
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(C) the quantity of controlled substance |
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prescribed, shown numerically followed by the number written as a |
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word; |
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(D) the intended use of the controlled substance |
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or the diagnosis for which it is prescribed and the instructions for |
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use of the substance; |
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(E) the practitioner's name, address, |
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[department registration number,] and Federal Drug Enforcement |
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Administration number issued for prescribing a controlled |
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substance in this state; |
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(F) the name, address, and date of birth or age of |
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the person for whom the controlled substance is prescribed; and |
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(G) if the prescription is issued to be filled at |
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a later date under Section 481.074(d-1), the earliest date on which |
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a pharmacy may fill the prescription; |
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(2) information provided by the dispensing |
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pharmacist, including the date the prescription is filled; and |
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(3) the signatures of the prescribing practitioner and |
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the dispensing pharmacist. |
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(i) Each dispensing pharmacist shall: |
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(1) fill in on the official prescription form each |
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item of information given orally to the dispensing pharmacy under |
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Subsection (h), the date the prescription is filled, and the |
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dispensing pharmacist's signature; |
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(2) retain with the records of the pharmacy for at |
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least two years: |
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(A) the official prescription form; and |
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(B) the name or other patient identification |
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required by Section 481.074(m) or (n); and |
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(3) send all information required by the director, |
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including any information required to complete an official |
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prescription form, to the director by electronic transfer or |
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another form approved by the director not later than the seventh |
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[15th] day after the date [last day of the month in which] the |
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prescription is completely filled. |
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SECTION 4. Subsections (a) and (i), Section 481.076, Health |
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and Safety Code, are amended to read as follows: |
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(a) The director may not permit any person to have access to |
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information submitted to the director under Section 481.074(q) or |
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481.075 except: |
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(1) an investigator for the Texas Medical Board, the |
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Texas State Board of Podiatric Medical Examiners, the State Board |
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of Dental Examiners, the State Board of Veterinary Medical |
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Examiners, the Texas Board of Nursing, or the Texas State Board of |
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Pharmacy; |
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(2) an authorized officer or member of the department |
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engaged in the administration, investigation, or enforcement of |
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this chapter or another law governing illicit drugs in this state or |
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another state; or |
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(3) if the director finds that proper need has been |
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shown to the director: |
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(A) a law enforcement or prosecutorial official |
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engaged in the administration, investigation, or enforcement of |
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this chapter or another law governing illicit drugs in this state or |
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another state; |
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(B) a pharmacist or practitioner who is a |
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physician, dentist, veterinarian, podiatrist, or advanced practice |
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nurse or physician assistant described by Section 481.002(39)(D) |
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and is inquiring about a recent Schedule II, III, IV, or V |
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prescription history of a particular patient of the practitioner; |
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or |
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(C) a pharmacist or practitioner who is inquiring |
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about the person's own dispensing or prescribing activity. |
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(i) Information submitted to the director under Section |
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481.074(q) or 481.075 is confidential and remains confidential |
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regardless of whether the director permits access to the |
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information under this section. |
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SECTION 5. Notwithstanding Section 481.061, Health and |
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Safety Code, as amended by this Act, a person who holds a valid |
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registration under Subchapter C, Chapter 481, Health and Safety |
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Code, on the effective date of this Act is not required to submit |
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the person's Federal Drug Enforcement Administration number to the |
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Department of Public Safety of the State of Texas before October 15, |
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2011. |
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SECTION 6. Sections 481.074 and 481.075, Health and Safety |
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Code, as amended by this Act, apply only to a prescription |
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completely filled on or after the effective date of this Act. A |
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prescription partially or completely filled before the effective |
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date of this Act is covered by the law as it existed immediately |
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before that date, and the former law is continued in effect for that |
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purpose. |
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SECTION 7. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1273 passed the Senate on |
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April 13, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1273 passed the House on |
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May 23, 2011, by the following vote: Yeas 142, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |