Relating to the diversion of a controlled substance by certain persons who have access to the substance by virtue of the person's profession or employment; providing penalties.
Impact
The bill establishes that a registered individual commits a state jail felony if they convert a controlled substance to personal use, while diverting such substances for the unlawful use of another constitutes a third-degree felony. This change in law will likely impact medical professionals, pharmacies, and other individuals who handle controlled substances as part of their job duties, holding them accountable for the misuse of substances they are authorized to access.
Summary
SB912 is a legislative bill that amends the Health and Safety Code of Texas concerning the diversion of controlled substances by specific individuals who have access to these substances through their profession. The bill categorizes the unlawful use of controlled substances by these registered individuals and introduces penalties for those who divert these substances for personal gain or benefit to others. It particularly targets registrants and dispensers, who might take advantage of their access to divert controlled substances unlawfully.
Contention
While no specific points of contention are documented in the available materials, general discussions around previous similar legislation have often included concerns about enforcement and the balance between strict penalties and the possible stifling of medical practice. Stakeholders may argue about the potential for these penalties to impact the behavior of medical professionals, affecting their ability to provide care effectively. Additionally, there may be concerns about the implications for those professionals who might be found guilty under this law.
Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.
Relating to the designation of fentanyl poisoning for purposes of the death certificate and to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.
Relating to the scheduling of certain controlled substances in response to certain actions by the United States Food and Drug Administration with respect to those substances.