By: Bonnen of Brazoria H.B. No. 3189       A BILL TO BE ENTITLED   AN ACT   relating to the reporting of and access to information related to   court-ordered prescription drug substance abuse treatment;   providing a criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter G, Chapter 42A, Code of Criminal   Procedure, is amended by adding Article 42A.3035 to read as   follows:          Art. 42A.3035.  REPORTING. (a)  A judge who requires as a   condition of community supervision that a defendant serve a term of   confinement and treatment in a substance abuse felony punishment   facility or participate in substance abuse treatment services in a   program or facility approved or licensed by the Department of State   Health Services to receive treatment for prescription drug   substance abuse shall, if the defendant consents to the release of   the information, submit to the Texas State Board of Pharmacy:                (1)  the name and date of birth of the defendant; and                (2)  the name of the substance or substances abused by   the defendant.          (b)  A defendant may not be:                (1)  required as a condition of community supervision   to consent to the release of information under Subsection (a); or                (2)  excluded from a substance abuse treatment facility   or program based on the defendant's failure to consent to the   release of the information.          SECTION 2.  Chapter 121, Government Code, is amended by   adding Section 121.003 to read as follows:          Sec. 121.003.  REPORTING. (a)  A judge who requires a   defendant to receive treatment for prescription drug substance   abuse as a condition of participation in a specialty court under   this subtitle shall submit to the Texas State Board of Pharmacy:                (1)  the name and date of birth of the defendant;                (2)  the name of the specialty court in which the   defendant is participating;                (3)  the date the defendant began participating in the   specialty court; and                (4)  if the defendant consents to the release of the   information, the name of the substance or substances abused by the   defendant.          (b)  A defendant may not be:                (1)  required as a condition of participation in a   specialty court to consent to the release of information under   Subsection (a)(4); or                (2)  excluded from a substance abuse treatment facility   or program based on the defendant's failure to consent to the   release of the information.          SECTION 3.  Subchapter D, Chapter 462, Health and Safety   Code, is amended by adding Section 462.0691 to read as follows:          Sec. 462.0691.  REPORTING. (a)  A judge who enters an order   for court-ordered treatment under this chapter for prescription   drug substance abuse shall, if the patient consents to the release   of the information, submit to the Texas State Board of Pharmacy:                (1)  the name and date of birth of the patient; and                (2)  the name of the substance or substances abused by   the patient.          (b)  A patient may not be excluded from a substance abuse   treatment facility or program based on the patient's failure to   consent to the release of information under Subsection (a).          SECTION 4.  Section 481.076, Health and Safety Code, is   amended by amending Subsections (a), (a-3), (a-4), (c), (i), and   (j) and adding Subsection (a-6) to read as follows:          (a)  The board may not permit any person to have access to   information submitted to the board under Article 42A.3035, Code of   Criminal Procedure, Section 121.003, Government Code, or Section   462.0691, 481.074(q), or 481.075 except:                (1)  an investigator for the board, the Texas Medical   Board, the Texas State Board of Podiatric Medical Examiners, the   State Board of Dental Examiners, the State Board of Veterinary   Medical Examiners, the Texas Board of Nursing, or the Texas   Optometry Board;                (2)  an authorized officer or member of the department   or 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 on behalf of a 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;                (4)  a medical examiner conducting an investigation;                (5)  a pharmacist or a pharmacy technician, as defined   by Section 551.003, Occupations Code, acting at the direction of a   pharmacist or a practitioner who 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 is inquiring about a recent Schedule II, III,   IV, or V prescription history or any prescription drug substance   abuse treatment of a particular patient of the practitioner,   provided that the person accessing the information is authorized to   do so under the Health Insurance Portability and Accountability Act   of 1996 (Pub. L. No. 104-191) and rules adopted under that Act;                (6)  a pharmacist or practitioner who is inquiring   about the person's own dispensing or prescribing activity; [or]                (7)  one or more states or an association of states with   which the board has an interoperability agreement, as provided by   Subsection (j); or                (8)  the judge of a specialty court as defined by   Section 121.001, Government Code, or the judge's designee, in the   manner prescribed by Subsection (a-6).          (a-3)  The board shall ensure that the department has   unrestricted access at all times to information submitted to the   board under Article 42A.3035, Code of Criminal Procedure, Section   121.003, Government Code, and Sections 462.0691, 481.074(q), and   481.075. The department's access to the information shall be   provided through a secure electronic portal under the exclusive   control of the department. The department shall pay all expenses   associated with the electronic portal.          (a-4)  A law enforcement or prosecutorial official described   by Subsection (a)(3) may obtain information submitted to the board   under Article 42A.3035, Code of Criminal Procedure, Section   121.003, Government Code, or Section 462.0691, 481.074(q), or   481.075 only if the official submits a request to the department.   If the department finds that the official has shown proper need for   the information, the department shall provide access to the   relevant information.          (a-6)  On request by a judge of a specialty court as defined   by Section 121.001, Government Code, or the judge's designee, the   board shall provide to the judge or the judge's designee   information submitted to the board under Article 42A.3035, Code of   Criminal Procedure, Section 121.003, Government Code, or Section   462.0691, 481.074(q), or 481.075 that relates to a current or   prospective specialty court program participant.          (c)  The board by rule shall design and implement a system   for submission of information to the board by electronic or other   means and for retrieval of information submitted to the board under   this section and Article 42A.3035, Code of Criminal Procedure,   Section 121.003, Government Code, and Sections 462.0691, 481.074,   and 481.075. The board shall use automated information security   techniques and devices to preclude improper access to the   information. The board shall submit the system design to the   director and the Texas Medical Board for review and comment a   reasonable time before implementation of the system and shall   comply with the comments of those agencies unless it is   unreasonable to do so.          (i)  Information submitted to the board under Article   42A.3035, Code of Criminal Procedure, Section 121.003, Government   Code, or Section 462.0691, 481.074(q), or 481.075 is confidential   and remains confidential regardless of whether the board permits   access to the information under this section.          (j)  The board may enter into an interoperability agreement   with one or more states or an association of states authorizing the   board to access prescription monitoring information maintained or   collected by the other state or states or the association,   including information maintained on a central database such as the   National Association of Boards of Pharmacy Prescription Monitoring   Program InterConnect. Pursuant to an interoperability agreement,   the board may authorize the prescription monitoring program of one   or more states or an association of states to access information   submitted to the board under Article 42A.3035, Code of Criminal   Procedure, Section 121.003, Government Code, and Sections   462.0691, 481.074(q), and 481.075, including by submitting or   sharing information through a central database such as the National   Association of Boards of Pharmacy Prescription Monitoring Program   InterConnect.          SECTION 5.  Section 481.0761(a), Health and Safety Code, is   amended to read as follows:          (a)  The board shall by rule establish and revise as   necessary a standardized database format that may be used by a   pharmacy or court to transmit the information required by Article   42A.3035, Code of Criminal Procedure, Section 121.003, Government   Code, and Sections 462.0691, 481.074(q), and 481.075(i) to the   board electronically or to deliver the information on storage   media, including disks, tapes, and cassettes.          SECTION 6.  Section 481.127(a), Health and Safety Code, is   amended to read as follows:          (a)  A person commits an offense if the person knowingly   gives, permits, or obtains unauthorized access to information   submitted to the board under Article 42A.3035, Code of Criminal   Procedure, Section 121.003, Government Code, or Section 462.0691,   481.074(q), or 481.075.          SECTION 7.  (a) Article 42A.3035, Code of Criminal   Procedure, as added by this Act, applies to a defendant placed on   community supervision on or after the effective date of this Act,   regardless of whether the offense for which the defendant was   placed on community supervision was committed before, on, or after   the effective date of this Act.          (b)  Section 121.003, Government Code, as added by this Act,   applies to a person who, on or after the effective date of this Act,   enters a specialty court program under Subtitle K, Title 2,   Government Code, regardless of whether the person committed the   offense for which the person enters the program before, on, or after   the effective date of this Act.          (c)  Section 462.0691, Health and Safety Code, as added by   this Act, applies only to an order for court-ordered treatment   entered on or after the effective date of this Act. An order   entered before the effective date of this Act is governed by the law   in effect on the date the order was entered, and the former law is   continued in effect for that purpose.          SECTION 8.  This Act takes effect September 1, 2017.