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 1396w-3a for a qualified prescription   drug monitoring program.          (a-3)  A person authorized to receive information under   Subsection (a)(10) may only access information necessary to comply   with 42 U.S.C. Section 1396w-3a for the purpose of administering   the medical assistance program under Chapter 32, Human Resources   Code.          (d)  Information submitted to the board under this section   may be used only for:                (1)  the administration, investigation, or enforcement   of this chapter or another law governing illicit drugs in this state   or another state;                (2)  investigatory, evidentiary, or monitoring   purposes in connection with the functions of an agency listed in   Subsection (a)(1);                (3)  the prescribing and dispensing of controlled   substances by a person listed in Subsection (a)(5); [or]                (4)  dissemination by the board to the public in the   form of a statistical tabulation or report if all information   reasonably likely to reveal the identity of each patient,   practitioner, or other person who is a subject of the information   has been removed; or                (5)  the administration of the medical assistance   program under Chapter 32, Human Resources Code.          (k)  A person authorized to access information under   Subsection (a)(4), [or] (5), or (10) who is registered with the   board for electronic access to the information is entitled to   directly access the information available from other states   pursuant to an interoperability agreement described by Subsection   (j).          (l)  The board shall enter into and maintain a data-sharing   agreement with the Health and Human Services Commission for the   purpose of complying with 42 U.S.C. Section 1396w-3a(b). The   agreement must include a provision requiring the board and the   commission to timely share information to allow the commission   sufficient time to prepare and submit the annual report to the   United States Secretary of Health and Human Services described by   42 U.S.C. Section 1396w-3a(e).          SECTION 2.  The Texas State Board of Pharmacy and the Health   and Human Services Commission shall enter into the data-sharing   agreement described by Section 481.076(l), Health and Safety Code,   as added by this Act, not later than January 1, 2024.          SECTION 3.  If before implementing any provision of this Act   a state agency determines that a waiver or authorization from a   federal agency is necessary for implementation of that provision,   the agency affected by the provision shall request the waiver or   authorization and may delay implementing that provision until the   waiver or authorization is granted.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2023.