2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter C. Regulation of Manufacture, Distribution, and Dispensation of Controlled Substances, Chemical Precursors, and Chemical Laboratory Apparatus › Section 481.075. Schedule Ii Prescriptions

Sec. 481.075.  SCHEDULE II PRESCRIPTIONS.  (a)  A practitioner who prescribes a controlled substance listed in Schedule II shall, except as provided by Section 481.074(b-1) or 481.0755 or a rule adopted under Section 481.0761, record the prescription in an electronic prescription that includes the information required by this section.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1105 (H.B. 2174), Sec. 16, eff. September 1, 2019.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1105 (H.B. 2174), Sec. 16, eff. September 1, 2019.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1105 (H.B. 2174), Sec. 16, eff. September 1, 2019.
(e)  Each prescription used to prescribe a Schedule II controlled substance must contain:
(1)  information provided by the prescribing practitioner, including:
(A)  the date the prescription is issued;
(B)  the controlled substance prescribed;
(C)  the quantity of controlled substance prescribed, shown  numerically;
(D)  the intended use of the controlled substance, or the diagnosis for which the controlled substance is prescribed, and the instructions for use of the substance;
(E)  the practitioner's name, address, and Federal Drug Enforcement Administration number issued for prescribing a controlled substance in this state;
(F)  the name, address, and date of birth or age of the person for whom the controlled substance is prescribed; and
(G)  if the prescription is issued to be filled at a later date under Section 481.074(d-1), the earliest date on which a pharmacy may fill the prescription;
(2)  information provided by the dispensing pharmacist, including the date the prescription is filled; and
(3)  the prescribing practitioner's electronic signature or other secure method of validation authorized by federal law.
(f)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1105 (H.B. 2174), Sec. 16, eff. September 1, 2019.
(g)  Except for an emergency oral or telephonically communicated prescription described by Section 481.074(b-1), the prescribing practitioner shall:
(1)  record or direct a designated agent to record in the electronic prescription each item of information required to be provided by the prescribing practitioner under Subsection (e)(1), unless the practitioner determines that:
(A)  under rule adopted by the board for this purpose, it is unnecessary for the practitioner or the practitioner's agent to provide the patient identification number; or
(B)  it is not in the best interest of the patient for the practitioner or practitioner's agent to provide information regarding the intended use of the controlled substance or the diagnosis for which it is prescribed; and
(2)  electronically sign or validate the electronic prescription as authorized by federal law and transmit the prescription to the dispensing pharmacy.
(h)  In the case of an emergency oral or telephonically communicated prescription described by Section 481.074(b-1), the prescribing practitioner shall give the dispensing pharmacy the information needed to complete the electronic prescription record.
(i)  Each dispensing pharmacist shall:
(1)  note in the electronic prescription record each item of information given orally to the dispensing pharmacy under Subsection (h) and the date the prescription is filled and appropriately record the identity of the dispensing pharmacist in the electronic prescription record;
(2)  retain with the records of the pharmacy for at least two years:
(A)  the electronic prescription record; and
(B)  the name or other patient identification required by Section 481.074(m) or (n);
(3)  send all required information, including any information required to complete an electronic prescription record, to the board by electronic transfer or another form approved by the board not later than the next business day after the date the prescription is completely filled; and
(4)  if the pharmacy does not dispense any controlled substance prescriptions during a period of seven consecutive days, send a report to the board indicating that the pharmacy did not dispense any controlled substance prescriptions during that period, unless the pharmacy has obtained a waiver or permission to delay reporting to the board.
(j)  A medication order written for a patient who is admitted to a hospital at the time the medication order is written and filled is not required to be recorded in an electronic prescription record that meets the requirements of this section.
(k)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1105 (H.B. 2174), Sec. 16, eff. September 1, 2019.
(l)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1105 (H.B. 2174), Sec. 16, eff. September 1, 2019.
(m)  A pharmacy in this state may fill a prescription for a controlled substance listed in Schedule II issued by a practitioner in another state if:
(1)  a share of the pharmacy's business involves the dispensing and delivery or mailing of controlled substances;
(2)  the prescription is issued by a prescribing practitioner in the other state in the ordinary course of practice; and
(3)  the prescription is filled in compliance with a written plan providing the manner in which the pharmacy may fill a Schedule II prescription issued by a practitioner in another state that:
(A)  is submitted by the pharmacy to the board; and
(B)  is approved by the board.
(n)  A person dispensing a Schedule II controlled substance under a prescription shall provide written notice, as defined by board rule adopted under Subsection (o), on the safe disposal of controlled substance prescription drugs, unless:
(1)  the Schedule II controlled substance prescription drug is dispensed at a pharmacy or other location that:
(A)  is authorized to take back those drugs for safe disposal; and
(B)  regularly accepts those drugs for safe disposal; or
(2)  the dispenser provides to the person to whom the Schedule II controlled substance prescription drug is dispensed, at the time of dispensation and at no cost to the person:
(A)  a mail-in pouch for surrendering unused controlled substance prescription drugs; or
(B)  chemicals to render any unused drugs unusable or non-retrievable.
(o)  The board shall adopt rules to prescribe the form of the written notice on the safe disposal of controlled substance prescription drugs required under Subsection (n).  The notice must include information on locations at which Schedule II controlled substance prescription drugs are accepted for safe disposal.  The notice, in lieu of listing those locations, may provide the address of an Internet website specified by the board that provides a searchable database of locations at which Schedule II controlled substance prescription drugs are accepted for safe disposal.
(p)  The board may take disciplinary action against a person who fails to comply with Subsection (n).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(i), eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 789, Sec. 17, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 745, Sec. 14, eff. Jan. 1, 1998;  Acts 1999, 76th Leg., ch. 145, Sec. 3, 5(2), eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 251, Sec. 11, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 774 (S.B. 904), Sec. 2, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1228 (S.B. 594), Sec. 3, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1342 (S.B. 1273), Sec. 3, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1268 (S.B. 195), Sec. 10, eff. September 1, 2016.
Acts 2017, 85th Leg., R.S., Ch. 485 (H.B. 2561), Sec. 3, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 798 (H.B. 2088), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 965 (S.B. 683), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1105 (H.B. 2174), Sec. 5, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1105 (H.B. 2174), Sec. 6, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1105 (H.B. 2174), Sec. 16, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 4.001, eff. September 1, 2019.