By:
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McClendon H.B.
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No.
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3714A BILL TO BE ENTITLEDAN ACTrelating to the regulation of controlled substances and theestablishment of an electronic system for monitoring controlledsubstances; providing criminal penalties.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:SECTION
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1.
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Subtitle J, Title 3, Occupations Code, isamended by adding Chapter 570 to read as follows:CHAPTER 570. CONTROLLED SUBSTANCE REGISTRATION;PRESCRIPTION DRUG ORDER MONITORING PROGRAMSUBCHAPTER A. GENERAL PROVISIONSSec.
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570.001.
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PURPOSE. This chapter is intended to improvethe state
’
s ability to identify and stop diversion of Schedule II-Vcontrolled substance prescription drug orders or otherprescription drug orders in an efficient and cost-effective mannerthat will not impede the appropriate medical utilization ofcontrolled substances or other potentially abusable drugs.Sec.
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570.002.
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DEFINITIONS. In this chapter:(1)
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"Administer," "agent," "chemical laboratoryapparatus," "chemical precursor," "controlled premises,""controlled substance," "controlled substance analogue,""deliver," "dispense," "dispenser," "distribute," "distributor,""drug," "federal Controlled Substances Act," "federal DrugEnforcement Administration," "institutional practitioner,""lawful possession," "manufacture," "medical purpose," "narcotic123456789101112131415161718192021222324
82R10311 JSC-D
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drug," "patient," "person," "pharmacist," "pharmacy,""possession," "practitioner," "prescribe," and "prescription" havethe meanings assigned by Section 481.002, Health and Safety Code.(2)
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"Board" has the meaning assigned by Section551.003.(3)
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"Hospital" means:(A)
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a general or special hospital as defined bySection 241.003, Health and Safety Code; or(B)
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an ambulatory surgical center as defined bySection 243.002, Health and Safety Code, and approved by thefederal government to perform surgery paid by Medicaid on patientsadmitted for a period of not more than 24 hours.(4)
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"Medication order" means an order from apractitioner to dispense a drug to a patient in a hospital forimmediate administration while the patient is in the hospital orfor emergency use on the patient
’
s release from the hospital.(5)
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"Pharmacist-in-charge" means the pharmacistdesignated on a pharmacy license as the pharmacist who has theauthority or responsibility for the pharmacy
’
s compliance with thischapter and other laws relating to pharmacy.(6)
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"Principal place of business" means a locationwhere a person manufactures, distributes, dispenses, analyzes, orpossesses a controlled substance. The term does not include alocation where a practitioner dispenses a controlled substance onan outpatient basis unless the controlled substance is stored atthat location.(7)
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"Ultimate user" means a person who has lawfully123456789101112131415161718192021222324252627H.B.
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No.
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3714
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obtained and possesses a controlled substance for the person
’
s ownuse, for the use of a member of the person
’
s household, or foradministering to an animal owned by the person or by a member of theperson
’
s household.Sec.
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570.003.
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RULES. (a) The board may adopt the rulesnecessary to implement this chapter.(b)
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The board by rule shall establish and revise asnecessary a standardized database format that may be used by apharmacy to transmit the information required by this chapter tothe board electronically.(c)
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The board, in consultation with the Department of StateHealth Services, the Department of Public Safety, and the TexasMedical Board, by rule may:(1)
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remove a controlled substance listed in SchedulesII through V under Subchapter B, Chapter 481, Health and SafetyCode, from the prescription drug order monitoring program, if theboard determines that the burden imposed by the programsubstantially outweighs the risk of diversion of the particularcontrolled substance; or(2)
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add a substance not listed in Schedules II throughV under Subchapter B, Chapter 481, Health and Safety Code, to theprescription drug order monitoring program, if the board determinesthat the risk of diversion substantially outweighs the burdenimposed by the program on the particular substance.(d)
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The board by rule may:(1)
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remove from or return to the prescription drugorder monitoring program any aspect of a practitioner
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s or123456789101112131415161718192021222324252627H.B.
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3714
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