| 1 | 1 | | By: Williams S.B. No. 1281 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the fraudulent obtaining of a controlled substance from |
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| 7 | 7 | | a practitioner; providing a penalty. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 481.129, Health and Safety Code, is |
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| 10 | 10 | | amended by adding Subsections (a-1) and (d-1) to read as follows: |
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| 11 | 11 | | (a-1) A person commits an offense if the person, with the |
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| 12 | 12 | | intent to obtain a controlled substance or combination of |
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| 13 | 13 | | controlled substances that is not medically necessary for the |
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| 14 | 14 | | person or an amount of a controlled substance or substances that is |
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| 15 | 15 | | not medically necessary for the person, obtains or attempts to |
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| 16 | 16 | | obtain from a practitioner a controlled substance or a prescription |
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| 17 | 17 | | for a controlled substance by misrepresentation, fraud, forgery, |
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| 18 | 18 | | deception, subterfuge, or concealment of a material fact. For |
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| 19 | 19 | | purposes of this subsection, a material fact includes whether the |
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| 20 | 20 | | person has an existing prescription for a controlled substance |
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| 21 | 21 | | issued for the same period of time by another practitioner. |
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| 22 | 22 | | (d-1) An offense under Subsection (a-1) is: |
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| 23 | 23 | | (1) a felony of the second degree if any controlled |
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| 24 | 24 | | substance that is the subject of the offense is listed in Schedule I |
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| 25 | 25 | | or II; |
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| 26 | 26 | | (2) a felony of the third degree if any controlled |
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| 27 | 27 | | substance that is the subject of the offense is listed in Schedule |
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| 28 | 28 | | III or IV; and |
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| 29 | 29 | | (3) a Class A misdemeanor if any controlled substance |
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| 30 | 30 | | that is the subject of the offense is listed in Schedule V. |
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| 31 | 31 | | SECTION 2. The change in law made by this Act applies only |
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| 32 | 32 | | to an offense committed on or after the effective date of this Act. |
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| 33 | 33 | | An offense committed before the effective date of this Act is |
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| 34 | 34 | | covered by the law in effect when the offense was committed, and the |
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| 35 | 35 | | former law is continued in effect for that purpose. For purposes of |
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| 36 | 36 | | this section, an offense was committed before the effective date of |
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| 37 | 37 | | this Act if any element of the offense was committed before that |
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| 38 | 38 | | date. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2009. |
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