Bill Summary – FastDemocracy

   
      88(R) HB 2767 - Engrossed version - Bill Text
      
            88R7685 JSC-F
         
		By:  Klick
            H.B.  No.  2767
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to the sharing of controlled substance prescription 
         
            monitoring information between the Texas State Board of Pharmacy 
         
            and the Health and Human Services Commission for the state Medicaid 
         
            program.
         
                          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                          SECTION  1.    Section 481.076, Health and Safety Code, is 
         
            amended by amending Subsections (a), (d), and (k) and adding 
         
            Subsections (a-3) and (l) to read as follows:
         
                          (a)    The board may not permit any person to have access to 
         
            information submitted to the board under Section 481.074(q) or 
         
            481.075 except:
         
                                      (1)    the board, the Texas Medical Board, the Texas 
         
            Department of Licensing and Regulation, with respect to the 
         
            regulation of podiatrists, the State Board of Dental Examiners, the 
         
            State Board of Veterinary Medical Examiners, the Texas Board of 
         
            Nursing, or the Texas Optometry Board for the purpose of:
         
                                                  (A)    investigating a specific license holder; or
         
                                                  (B)    monitoring for potentially harmful 
         
            prescribing or dispensing patterns or practices under Section 
         
            481.0762;
         
                                      (2)    an authorized employee of the board engaged in the 
         
            administration, investigation, or enforcement of this chapter or 
         
            another law governing illicit drugs in this state or another state;
         
                                      (3)    the department or other law enforcement or 
         
            prosecutorial official engaged in the administration, 
         
            investigation, or enforcement of this chapter or another law 
         
            governing illicit drugs in this state or another state, if the board 
         
            is provided a warrant, subpoena, or other court order compelling 
         
            the disclosure;
         
                                      (4)    a medical examiner conducting an investigation;
         
                                      (5)    provided that accessing the information is 
         
            authorized under the Health Insurance Portability and 
         
            Accountability Act of 1996 (Pub. L. No.  104-191) and regulations 
         
            adopted under that Act:
         
                                                  (A)    a pharmacist or a pharmacist-intern, 
         
            pharmacy technician, or pharmacy technician trainee, as defined by 
         
            Section 551.003, Occupations Code, acting at the direction of a 
         
            pharmacist, who is inquiring about a recent Schedule II, III, IV, or 
         
            V prescription history of a particular patient of the pharmacist; 
         
            or
         
                                                  (B)    a practitioner who:
         
                                                              (i)    is a physician, dentist, veterinarian, 
         
            podiatrist, optometrist, or advanced practice nurse or is a 
         
            physician assistant described by Section 481.002(39)(D) or an 
         
            employee or other agent of a practitioner acting at the direction of 
         
            a practitioner; and
         
                                                              (ii)    is inquiring about a recent Schedule 
         
            II, III, IV, or V prescription history of a particular patient of 
         
            the practitioner;
         
                                      (6)    a pharmacist or practitioner who is inquiring 
         
            about the person's own dispensing or prescribing activity or a 
         
            practitioner who is inquiring about the prescribing activity of an 
         
            individual to whom the practitioner has delegated prescribing 
         
            authority;
         
                                      (7)    one or more states or an association of states with 
         
            which the board has an interoperability agreement, as provided by 
         
            Subsection (j);
         
                                      (8)    a health care facility certified by the federal 
         
            Centers for Medicare and Medicaid Services; [or]
         
                                      (9)    the patient, the patient's parent or legal 
         
            guardian, if the patient is a minor, or the patient's legal 
         
            guardian, if the patient is an incapacitated person, as defined by 
         
            Section 1002.017(2), Estates Code, inquiring about the patient's 
         
            prescription record, including persons who have accessed that 
         
            record; or
         
                                      (10)    the Health and Human Services Commission or the 
         
            commission's designee for the purpose of meeting the standards 
         
            required by 42 U.S.C. Section 1396
Statutes affected: 
Introduced: Health and Safety Code 481.076 (Health and Safety Code 481)
House Committee Report: Health and Safety Code 481.076 (Health and Safety Code 481)
Engrossed: Health and Safety Code 481.076 (Health and Safety Code 481)



	A BILL TO BE ENTITLED
	AN ACT
	relating to the sharing of controlled substance prescription
	monitoring information between the Texas State Board of Pharmacy
	and the Health and Human Services Commission for the state Medicaid
	program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 481.076, Health and Safety Code, is
	amended by amending Subsections (a), (d), and (k) and adding
	Subsections (a-3) and (l) to read as follows:
	(a) The board may not permit any person to have access to
	information submitted to the board under Section 481.074(q) or
	481.075 except:
	(1) the board, the Texas Medical Board, the Texas
	Department of Licensing and Regulation, with respect to the
	regulation of podiatrists, the State Board of Dental Examiners, the
	State Board of Veterinary Medical Examiners, the Texas Board of
	Nursing, or the Texas Optometry Board for the purpose of:
	(A) investigating a specific license holder; or
	(B) monitoring for potentially harmful
	prescribing or dispensing patterns or practices under Section
	481.0762;
	(2) an authorized employee of the board engaged in the
	administration, investigation, or enforcement of this chapter or
	another law governing illicit drugs in this state or another state;
	(3) the department or other law enforcement or
	prosecutorial official engaged in the administration,
	investigation, or enforcement of this chapter or another law
	governing illicit drugs in this state or another state, if the board
	is provided a warrant, subpoena, or other court order compelling
	the disclosure;
	(4) a medical examiner conducting an investigation;
	(5) provided that accessing the information is
	authorized under the Health Insurance Portability and
	Accountability Act of 1996 (Pub. L. No. 104-191) and regulations
	adopted under that Act:
	(A) a pharmacist or a pharmacist-intern,
	pharmacy technician, or pharmacy technician trainee, as defined by
	Section 551.003, Occupations Code, acting at the direction of a
	pharmacist, who is inquiring about a recent Schedule II, III, IV, or
	V prescription history of a particular patient of the pharmacist;
	or
	(B) a practitioner who:
	(i) is a physician, dentist, veterinarian,
	podiatrist, optometrist, or advanced practice nurse or is a
	physician assistant described by Section 481.002(39)(D) or an
	employee or other agent of a practitioner acting at the direction of
	a practitioner; and
	(ii) is inquiring about a recent Schedule
	II, III, IV, or V prescription history of a particular patient of
	the practitioner;
	(6) a pharmacist or practitioner who is inquiring
	about the person's own dispensing or prescribing activity or a
	practitioner who is inquiring about the prescribing activity of an
	individual to whom the practitioner has delegated prescribing
	authority;
	(7) one or more states or an association of states with
	which the board has an interoperability agreement, as provided by
	Subsection (j);
	(8) a health care facility certified by the federal
	Centers for Medicare and Medicaid Services; [or]
	(9) the patient, the patient's parent or legal
	guardian, if the patient is a minor, or the patient's legal
	guardian, if the patient is an incapacitated person, as defined by
	Section 1002.017(2), Estates Code, inquiring about the patient's
	prescription record, including persons who have accessed that
	record; or
	(10) the Health and Human Services Commission or the
	commission's designee for the purpose of meeting the standards
	required by 42 U.S.C. Section 1396 Statutes affected: Introduced: Health and Safety Code 481.076 (Health and Safety Code 481) House Committee Report: Health and Safety Code 481.076 (Health and Safety Code 481) Engrossed: Health and Safety Code 481.076 (Health and Safety Code 481)