HBA-NMO C.S.S.B. 254 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 254 By: Madla Public Health 4/11/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE The 75th Texas Legislature enacted legislation to authorize physicians to use serially numbered nontransferable stickers to issue prescriptions for Schedule II Controlled Substances, and pharmacists to electronically transfer the information to the Department of Public Safety (DPS) for monitoring purposes. This process replaces the use of serially numbered triplicate prescription forms, in which one form is kept by the physician, one by the pharmacist, and one sent by the pharmacist to DPS; however, a period of transition between the two processes is underway. C.S.S.B. 254 removes the expiration date of March 1, 1999, from the authority of the director of the Department of Public Safety to, by rule, permit the use of triplicate or single prescription forms during a period of transition. This bill also makes certain other changes regarding prescription forms and prescription information. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to the director of the Department of Public Safety is modified in SECTION 6 (Section 40, Chapter 745, Acts of the 75th Legislature, Regular Session, 1997) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 481.002(47), Health and Safety Code, to delete language that provides that an "official prescription form" is that to which a prescription sticker is affixed. SECTION 2. Amends Section 481.074(n), Health and Safety Code, to delete language that requires a pharmacist who delivers a controlled substance to an individual to retain in the records of the pharmacy for two years the patient indentification number of the person to whom the controlled substance is delivered if the person has such a number and that number is required by the prescribing practitioner. SECTION 3. Amends Section 481.075, Health and Safety Code, to limit the method by which is information is sent to the director (director) of the Department of Public Safety (DPS) by a pharmacist to electronic transfer or a universal claim form. Authorizes a pharmacy in this state to fill a prescription for a controlled substance listed in Schedule II issued by a practitioner in another state if a share, rather than a substantial share, of the pharmacy's business involves the dispensing and delivery, in addition to mailing, of controlled substances. Makes conforming changes. SECTION 4. Amends Section 481.076(g) and (h), Health and Safety Code, remove exceptions to the requirement of the director to notify certain agencies of the disclosure of official prescription information. Makes conforming changes. SECTION 5. Repealer: Sections 481.002(51), (53), (54), and (55), Health and Safety Code, to make conforming changes; and Sections 481.075(n), 481.076(j), and 481.0761(g), Health and Safety Code, relating to section expiration dates. SECTION 6. Amends Section 40, Chapter 745, Acts of the 75th Legislature, Regular Session, 1997, to remove the expiration date of March 1, 1999, from the authority of the director of the Department of Public Safety to, by rule, permit the use of triplicate or single prescription forms during a period of transition. SECTION 7. Effective date: September 1, 1999. SECTION 8. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute differs from the original in SECTION 1 by amending Section 481.002(47), Health and Safety Code, to delete language that provides that a "official prescription form" is something to which a prescription sticker is affixed. The substitute differs from the original in SECTION 2 by amending Section 481.074(n), Health and Safety Code, to delete language that requires a pharmacist who delivers a controlled substance to an individual to retain in the records of the pharmacy for two years the patient indentification number of the person to whom the controlled substance is delivered if the person has such a number and that number is required by the prescribing practitioner. Deletes proposed SECTION 2 (emergency clause). The substitute differs from the original in SECTION 3 by amending Section 481.075, Health and Safety Code, to limit the method by which is information sent to the director (director) of the Department of Public Safety (DPS) by a pharmacist to electronic transfer or a universal claim form. Authorizes a pharmacy in this state to fill a prescription for a controlled substance listed in Schedule II issued by a practitioner in another state if a share, rather than a substantial share, of the pharmacy's business involves the dispensing and delivery, in addition to mailing, of controlled substances. Makes conforming changes. The substitute differs from the original in SECTION 4 by amending Section 481.076(g) and (h), Health and Safety Code, to remove exceptions to the requirement of the director to notify certain agencies of the disclosure of official prescription information. Makes conforming changes. The substitute differs from the original in SECTION 5 by repealing Sections 481.002(51), (53), (54), and (55), Health and Safety Code, to make conforming changes; and Sections 481.075(n), 481.076(j), and 481.0761(g), Health and Safety Code, relating to section expiration dates. Redesignates SECTION 1 of the original as SECTION 6 of the substitute. Adds SECTION 7 to provide the effective date. Adds SECTION 8 to provide an emergency clause.