DPS to Collect More Drug Info

On Sept. 1, 2008 the Texas Department of Public Safety (DPS) began collecting more information from prescriptions for Schedule II-V controlled substances. Starting that day, prescriptions must contain the following information to be considered valid:

  • Quantity of the substance prescribed (written as both a number and word);
  • Date of issue (prescription cannot be postdated);
  • Name, address, and birthday of the patient;
  • Name and strength of the controlled substance prescribed;
  • Directions for use of the drug;
  • Intended use of the drug prescribed, unless the physician determines that furnishing this information is not in the patient's best interest;
  • Printed or stamped name, address, federal Drug Enforcement Administration (DEA) registration number, and telephone number of the physician's usual place of business;
  • The physician's signature, unless the prescription is called into the pharmacy; and
  • The physician's current valid DPS registration number. The number must belong to the physician writing the prescription. For Schedule III-V drugs, the prescribing practitioner may be a properly registered physician's assistant or an advanced practice nurse.

The Texas Legislature ordered the  changes  [ PDF ] last year when it passed a new law - supported by DPS and other law enforcement agencies - to curtail drug diversion. The bill aims to establish an electronic monitoring system for all Schedule II-V drugs that physicians, pharmacists, and others with prescriptive authority can access to monitor their own prescribing patterns and patients who may be using multiple prescribers for narcotics. TMA was able to amend the bill to create an advisory committee to help DPS establish the system, says TMA Legislative Affairs Director Dan Finch.

The bill's sponsor, Sen. Tommy Williams (R-The Woodlands), and law enforcement kept all other amendments off the bill, Mr. Finch says.

The electronic system is not in place yet. The advisory committee, which has physician and pharmacist members, has raised questions about collating prescribing data by DPS number because it is unique to Texas, not generally required except for Schedule II drugs, and not routinely collected by pharmacists for insurance billing, Mr. Finch says. The physicians and pharmacies would prefer to use either the DEA number or the physician's national provider identifier because they are more universally available, more easily collected, and more generally used by the pharmacies, he added.

DPS, however, believes it has no leeway under the law and must begin collecting the information on Sept. 1, even though the electronic monitoring system is not yet operational, Mr. Finch says.

 

Action , Aug. 18, 2008

Last Updated On

September 06, 2010

Originally Published On

March 23, 2010

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