SB 316

85(R) - 2017
Senate Health & Human Services
Senate Health & Human Services
Boards & Commissions
Health & Human Services

Vote Recommendation

  • Negative
  • Neutral
  • Neutral
  • Negative
  • Negative


Juan "Chuy" Hinojosa
Robert Nichols
Charles Schwertner
Van Taylor
Kirk Watson

Bill Caption

Relating to powers and duties of certain prescribers and dispensers of controlled substances and the regulatory agencies that issue a license, certification, or registration to the prescriber or dispenser; following the recommendations of the Sunset Advisory Commission.

Fiscal Notes

From the LBB: Estimated Two-year Net Impact to General Revenue Related Funds for SB316, As Introduced: an impact of $0 through the biennium ending August 31, 2019. 

Bill Analysis

The bill would require dispensing pharmacists to send all required information for schedule II through V drugs to the board not later than the next business day after the prescription is filled, rather than the seventh day as under current law. 

The bill would allow for a person to access confidential information for the purpose of investigating a specific license holder, or monitoring for potentially harmful prescribing practices. The bill would require all boards dealing with providers that prescribe drugs to monitor for potentially harmful prescribing practices and for doctors to check patient history before prescribing opioids, benzodiazepines, barbiturates, and carisoprodol. 

The bill would also establish a Health and Human Services interim study on the monitoring of prescribing and dispensing controlled substances. 

Vote Recommendation Notes

In our view, this bill is another unnecessary expansion of government and bureaucratic authority that can be self-regulated by the free market and non-governmental professional boards. Increased monitoring, potential disciplinary actions based on a board's opinion of a licensee engaging in "harmful prescribing patterns", and increased burdens upon the licensee to report prescription information done within their scope of practice all represent violations of our limited government, free market, and individual liberty principles. Therefore, we oppose SB 316.