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AN ACT
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relating to the classification of and prescriptions issued for |
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certain controlled substances. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Section 481.074, Health and Safety Code, is |
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amended by adding Subsection (d-1) and amending Subsection (k) to |
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read as follows: |
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�������(d-1)��Notwithstanding Subsection (d), a prescribing |
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practitioner may issue multiple prescriptions authorizing the |
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patient to receive a total of up to a 90-day supply of a Schedule II |
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controlled substance if: |
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�������������(1)��each separate prescription is issued for a |
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legitimate medical purpose by a prescribing practitioner acting in |
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the usual course of professional practice; |
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�������������(2)��the prescribing practitioner provides written |
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instructions on each prescription to be filled at a later date |
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indicating the earliest date on which a pharmacy may fill each |
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prescription; |
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�������������(3)��the prescribing practitioner concludes that |
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providing the patient with multiple prescriptions in this manner |
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does not create an undue risk of diversion or abuse; and |
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�������������(4)��the issuance of multiple prescriptions complies |
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with other applicable state and federal laws. |
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�������(k)��A prescription for a controlled substance must show: |
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�������������(1)��the quantity of the substance prescribed: |
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�������������������(A)��numerically, followed by the number written |
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as a word, if the prescription is written; or |
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�������������������(B)��if the prescription is communicated orally or |
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telephonically, as transcribed by the receiving pharmacist; |
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�������������(2)��the date of issue; |
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�������������(2-a)��if the prescription is issued for a Schedule II |
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controlled substance to be filled at a later date under Subsection |
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(d-1), the earliest date on which a pharmacy may fill the |
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prescription; |
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�������������(3)��the name, address, and date of birth or age of the |
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patient or, if the controlled substance is prescribed for an |
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animal, the species of the animal and the name and address of its |
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owner; |
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�������������(4)��the name and strength of the controlled substance |
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prescribed; |
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�������������(5)��the directions for use of the controlled |
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substance; |
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�������������(6)��the intended use of the substance prescribed |
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unless the practitioner determines the furnishing of this |
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information is not in the best interest of the patient; |
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�������������(7)��the legibly printed or stamped name, address, |
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Federal Drug Enforcement Administration registration number, and |
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telephone number of the practitioner at the practitioner's usual |
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place of business; |
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�������������(8)��if the prescription is handwritten, the signature |
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of the prescribing practitioner; and |
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�������������(9)��if the prescribing practitioner is licensed in |
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this state, the practitioner's department registration number. |
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�������SECTION�2.��Subsection (e), Section 481.075, Health and |
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Safety Code, is amended to read as follows: |
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�������(e)��Each official prescription form used to prescribe a |
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Schedule II controlled substance must contain: |
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�������������(1)��information provided by the prescribing |
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practitioner, including: |
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�������������������(A)��the date the prescription is written; |
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�������������������(B)��the controlled substance prescribed; |
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�������������������(C)��the quantity of controlled substance |
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prescribed, shown numerically followed by the number written as a |
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word; |
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�������������������(D)��the intended use of the controlled substance |
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or the diagnosis for which it is prescribed and the instructions for |
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use of the substance; |
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�������������������(E)��the practitioner's name, address, department |
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registration number, and Federal Drug Enforcement Administration |
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number; [and] |
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�������������������(F)��the name, address, and date of birth or age of |
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the person for whom the controlled substance is prescribed; and |
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�������������������(G)��if the prescription is issued to be filled at |
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a later date under Section 481.074(d-1), the earliest date on which |
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a pharmacy may fill the prescription; |
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�������������(2)��information provided by the dispensing |
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pharmacist, including the date the prescription is filled; and |
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�������������(3)��the signatures of the prescribing practitioner and |
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the dispensing pharmacist. |
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�������SECTION�3.��Subsection (c), Section 481.0761, Health and |
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Safety Code, is amended to read as follows: |
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�������(c)��The director by rule may: |
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�������������(1)��permit more than one prescription to be |
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administered or dispensed and recorded on one prescription form for |
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a Schedule III through V controlled substance; |
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�������������(1-a)��establish a procedure for the issuance of |
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multiple prescriptions of a Schedule II controlled substance under |
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Section 481.074(d-1); |
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�������������(2)��remove from or return to the official prescription |
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program any aspect of a practitioner's or pharmacist's hospital |
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practice, including administering or dispensing; |
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�������������(3)��waive or delay any requirement relating to the |
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time or manner of reporting; |
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�������������(4)��establish compatibility protocols for electronic |
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data transfer hardware, software, or format; |
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�������������(5)��establish a procedure to control the release of |
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information under Sections 481.074, 481.075, and 481.076; and |
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�������������(6)��establish a minimum level of prescription activity |
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below which a reporting activity may be modified or deleted. |
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�������SECTION�4.��Subchapter B, Chapter 481, Health and Safety |
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Code, is amended by adding Section 481.037 to read as follows: |
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�������Sec.�481.037.��CARISOPRODOL. �Schedule IV includes |
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carisoprodol. |
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�������SECTION�5.��The change in law made by this Act applies only |
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to the issuance of a prescription on or after the effective date of |
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this Act. The issuance of a prescription before the effective date |
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of this Act is covered by the law in effect when the prescription |
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was issued, and the former law is continued in effect for that |
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purpose. |
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�������SECTION�6.��This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution.��If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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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.�904 passed the Senate on |
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April�9,�2009, by the following vote: Yeas�31, Nays�0; and that |
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the Senate concurred in House amendment on May�28,�2009, 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.�904 passed the House, with |
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amendment, on May�26,�2009, by the following vote: Yeas�146, |
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Nays�0, one 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 |