HBA-MPM S.B. 1235 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1235 By: Nelson Public Health 4/26/1999 Engrossed BACKGROUND AND PURPOSE Currently, Texas physicians licensed to practice in the state have a Federal Drug Enforcement Administration (DEA) number. The sole purpose for these numbers, according to the DEA, is to provide certification of registration in transactions involving controlled substances. Insurance companies currently require these numbers for the purpose of reimbursement under insurance plans. The DEA does not endorse this type of use, but does not have the available manpower to enforce compliance. S.B.1235 prohibits anyone in this state, including any individual regulated by the Texas Department of Insurance, from using a practitioner's DEA number for any purpose other than a purpose described by a federal law. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the director of the Department of Public Safety in SECTION 1 (Section 481.003, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 481.003, Health and Safety Code, to require the director of the Texas Department of Public Safety (director), by rule, to prohibit a person in this state, including a person regulated by the Texas Department of Insurance under the Insurance Code or the other insurance law of this state, from using the practitioner's Federal Drug Enforcement Administration number for a purpose other than that described by federal law or this chapter. Provides that a person who violates a rule adopted under this subsection commits a Class C misdemeanor. SECTION 2. Requires the director to adopt rules required by this Act no later than January 1, 2000. SECTION 3.Effective date: September 1, 1999. SECTION 4. Emergency clause.