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AN ACT
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relating to the licensing and regulation of pharmacists and |
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pharmacies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.075(i), Health and Safety Code, is |
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amended to read as follows: |
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(i) Each dispensing pharmacist shall: |
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(1) fill in on the official prescription form or note |
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in the electronic prescription record each item of information |
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given orally to the dispensing pharmacy under Subsection (h) and |
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the date the prescription is filled, and: |
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(A) for a written prescription, fill in the |
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dispensing pharmacist's signature; or |
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(B) for an electronic prescription, |
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appropriately record the identity of the dispensing pharmacist in |
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the electronic prescription record; |
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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 or the |
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electronic prescription record, as applicable; 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 required information, including any |
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information required to complete an official prescription form or |
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electronic prescription record, to the board by electronic transfer |
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or another form approved by the board not later than the next |
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business day after the date the prescription is completely filled; |
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and |
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(4) if the pharmacy does not dispense any controlled |
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substance prescriptions during a period of seven consecutive days, |
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send a report to the board indicating that the pharmacy did not |
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dispense any controlled substance prescriptions during that |
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period, unless the pharmacy has obtained a waiver or permission to |
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delay reporting to the board. |
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SECTION 2. Sections 481.076(a) and (k), Health and Safety |
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Code, are amended to read as follows: |
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(a) The board may not permit any person to have access to |
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information submitted to the board under Section 481.074(q) or |
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481.075 except: |
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(1) the board, the Texas Medical Board, the Texas |
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Department of Licensing and Regulation, with respect to the |
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regulation of podiatrists [State Board of Podiatric Medical
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Examiners], the State Board of Dental Examiners, the State Board of |
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Veterinary Medical Examiners, the Texas Board of Nursing, or the |
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Texas Optometry Board for the purpose of: |
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(A) investigating a specific license holder; or |
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(B) monitoring for potentially harmful |
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prescribing or dispensing patterns or practices under Section |
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481.0762; |
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(2) an authorized officer or member of the department |
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or authorized employee of the board engaged in the administration, |
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investigation, or enforcement of this chapter or another law |
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governing illicit drugs in this state or another state; |
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(3) the department on behalf of a law enforcement or |
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prosecutorial official engaged in the administration, |
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investigation, or enforcement of this chapter or another law |
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governing illicit drugs in this state or another state; |
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(4) a medical examiner conducting an investigation; |
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(5) provided that accessing the information is |
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authorized under the Health Insurance Portability and |
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Accountability Act of 1996 (Pub. L. No. 104-191) and regulations |
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adopted under that Act: |
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(A) a pharmacist or a pharmacist-intern, |
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pharmacy technician, or pharmacy technician trainee, as defined by |
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Section 551.003, Occupations Code, acting at the direction of a |
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pharmacist, who is inquiring about a recent Schedule II, III, IV, or |
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V prescription history of a particular patient of the pharmacist; |
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or |
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(B) a practitioner who: |
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(i) is a physician, dentist, veterinarian, |
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podiatrist, optometrist, or advanced practice nurse or is a |
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physician assistant described by Section 481.002(39)(D) or an |
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employee or other agent of a practitioner acting at the direction of |
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a practitioner; and |
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(ii) is inquiring about a recent Schedule |
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II, III, IV, or V prescription history of a particular patient of |
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the practitioner; |
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(6) a pharmacist or practitioner who is inquiring |
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about the person's own dispensing or prescribing activity or a |
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practitioner who is inquiring about the prescribing activity of an |
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individual to whom the practitioner has delegated prescribing |
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authority; or |
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(7) one or more states or an association of states with |
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which the board has an interoperability agreement, as provided by |
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Subsection (j). |
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(k) A person authorized to access information under |
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Subsection (a)(4) or (5) who is registered with the board for |
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electronic access to the information is entitled to directly access |
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the information available from other states pursuant to an |
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interoperability agreement described by Subsection (j). |
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SECTION 3. Section 481.0766(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A wholesale distributor shall report to the board the |
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distribution of all Schedules II, III, IV, and V controlled |
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substances [information that the distributor is required to report
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to the Automation of Reports and Consolidated Orders System (ARCOS)
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of the Federal Drug Enforcement Administration for the distribution
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of a controlled substance] by the distributor to a person in this |
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state. The distributor shall report the information to the board in |
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the same format and with the same frequency as the information is |
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reported to the Federal Drug Enforcement Administration [ARCOS]. |
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SECTION 4. Section 481.353(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The work group shall meet when necessary as determined |
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by the board [at least quarterly]. |
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SECTION 5. Section 560.051(f), Occupations Code, is amended |
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to read as follows: |
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(f) A Class E pharmacy license or nonresident pharmacy |
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license may be issued to a pharmacy located in another state whose |
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primary business is to: |
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(1) [(A)] dispense a prescription drug or device under |
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a prescription drug order[;] and |
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[(B)] deliver the drug or device to a patient, |
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including a patient in this state, by United States mail, common |
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carrier, or delivery service; |
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(2) process a prescription drug order for a patient, |
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including a patient in this state; or |
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(3) perform another pharmaceutical service, as |
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defined by board rule. |
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SECTION 6. Subchapter B, Chapter 565, Occupations Code, is |
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amended by adding Section 565.0591 to read as follows: |
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Sec. 565.0591. REVOCATION OF PHARMACY LICENSE FOR FAILURE |
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TO OPERATE. (a) On discovery by the board that a pharmacy licensed |
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under Chapter 560 has ceased to operate for a period of 30 days or |
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longer, the board shall notify the pharmacy that the license will be |
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revoked. |
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(b) The notice must: |
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(1) include a statement that the pharmacy license is |
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being revoked for violation of Section 565.002(a)(7); and |
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(2) inform the license holder of the license holder's |
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right to a hearing to contest the revocation. |
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(c) Not later than the 20th day after the date the license |
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holder receives the notice of revocation under this section, the |
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license holder may submit a written request for a hearing to contest |
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the revocation. |
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(d) If the license holder does not request a hearing within |
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the period prescribed by Subsection (c), the board shall: |
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(1) enter an order revoking the license; and |
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(2) notify the license holder of the order. |
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(e) If the license holder requests a hearing within the |
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period prescribed by Subsection (c), a panel of three board members |
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appointed by the president of the board shall conduct the hearing. |
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At the hearing the panel shall determine whether the license holder |
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has violated Section 565.002(a)(7). |
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(f) If the panel determines that the license holder |
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committed the violation, the board shall promptly: |
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(1) enter an order revoking the license; and |
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(2) notify the license holder of the order. |
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(g) Chapter 2001, Government Code, does not apply to a |
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determination under Subsection (e). |
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SECTION 7. The following provisions of the Occupations Code |
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are repealed: |
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(1) Sections 554.016, 556.0555, 560.001(c), 560.0525, |
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561.003(f), 562.101(f-1), and 562.111; and |
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(2) Subchapter E, Chapter 562. |
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SECTION 8. This Act takes effect September 1, 2019. |
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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. 683 passed the Senate on |
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March 26, 2019, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 21, 2019, by the |
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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. 683 passed the House, with |
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amendment, on May 15, 2019, by the following vote: Yeas 141, |
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Nays 4, two 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 |