Texas Senate Bill SB1281

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/8/09
• Voted on by Senate: 4/16/09
• Out of House Committee: 5/20/09

Caption

Relating to the fraudulent obtaining of a controlled substance from a practitioner; providing a penalty.

Impact

The bill's implications on state law are significant as it establishes clearer boundaries around the illegal acquisition of prescription medications. By differentiating penalties based on the controlled substances categorized in schedules I through V, SB1281 potentially allows for a more targeted approach to enforcement. This change not only aims to deter fraudulent behavior but also strengthens the state's ability to track and manage the dissemination of controlled substances, ultimately contributing to public health and safety.

Summary

SB1281 seeks to address the fraudulent obtaining of controlled substances by amending the Health and Safety Code of Texas. The bill introduces stricter penalties for individuals who attempt to acquire these substances through misrepresentation, fraud, or deception. Specifically, it adds new provisions that define the acts leading to such offenses and establishes varying degrees of felonies or misdemeanors based on the type of controlled substance involved. This legislative measure is part of a broader initiative to combat prescription drug abuse and improve the integrity of the healthcare system, ensuring that controlled substances are prescribed and obtained responsibly.

Contention

Notable points of contention surrounding SB1281 include concerns from healthcare providers about the potential implications on patient care. While the bill aims to reduce abuse, there are fears that it may inadvertently hinder legitimate patients in need of pain management or ongoing medical care from obtaining their prescribed medications. Additionally, discussions reflect varying opinions on whether the proposed penalties are too harsh or appropriately set to serve as a deterrent. These discussions highlight the balance that must be struck between preventing fraud and ensuring access to necessary medical treatments.