HBA-NMO S.B. 254 76(R)BILL ANALYSIS


Office of House Bill AnalysisS.B. 254
By: Madla
Public Health
3/23/99
Engrossed



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.  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.      

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 1 (Section 40, Chapter 745, Acts of the 75th
Legislature, Regular Session, 1997) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  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 2.Emergency clause.
  Effective date: upon passage.