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.