84R12117 GCB-D
By: Capriglione H.B. No. 3200
A BILL TO BE ENTITLED
AN ACT
relating to limitations on filling prescriptions for certain opioid
pain medications; adding prohibitions subject to a criminal
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.074, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsections (a-1),
(r), and (s) to read as follows:
(a) A pharmacist may not:
(1) dispense or deliver a controlled substance or
cause a controlled substance to be dispensed or delivered under the
pharmacist's direction or supervision except under a valid
prescription and in the course of professional practice;
(2) dispense a controlled substance if the pharmacist
knows or should have known that the prescription was issued without
a valid patient-practitioner relationship;
(3) fill a prescription that is not prepared or issued
as prescribed by this chapter;
(4) permit or allow a person who is not a licensed
pharmacist or pharmacist intern to dispense, distribute, or in any
other manner deliver a controlled substance even if under the
supervision of a pharmacist, except that after the pharmacist or
pharmacist intern has fulfilled his professional and legal
responsibilities, a nonpharmacist may complete the actual cash or
credit transaction and delivery; [or]
(5) permit the delivery of a controlled substance to
any person not known to the pharmacist, the pharmacist intern, or
the person authorized by the pharmacist to deliver the controlled
substance without first requiring identification of the person
taking possession of the controlled substance, except as provided
by Subsection (n); or
(6) dispense or deliver an opioid pain medication, or
cause an opioid pain medication to be dispensed or delivered under
the pharmacist's direction or supervision, in a manner other than
as authorized under Subsection (r).
(a-1) In this section, "opioid pain medication" means a
controlled substance listed in Section 481.102 that is an opiate or
opium derivative and that a licensed physician has prescribed to a
patient for the treatment of pain.
(r) Notwithstanding Subsection (d-1) and except as
otherwise provided by this subsection, a pharmacist may not
dispense or deliver, or cause to be dispensed or delivered under the
pharmacist's direction or supervision, more than a 10-day supply of
an opioid pain medication for that patient in a 60-day period unless
the pharmacist receives a form adopted under Subsection (s)
indicating that the prescribing physician intends the patient to be
treated for pain for a period longer than 10 days or that the
patient requires treatment with opioid pain medication before the
expiration of the 60-day period beginning on the date the patient's
previous prescription for opioid pain medication was filled. A
pharmacist who receives a prescription for an amount of opioid pain
medication greater than a 10-day supply without receiving the
required form shall partially fill the prescription by dispensing
or delivering, or causing to be dispensed or delivered under the
pharmacist's direction or supervision, a 10-day supply for that
patient and shall inform the prescribing physician that the
remainder of the prescription is canceled in accordance with this
subsection. A pharmacist may not fill a prescription for opioid
pain medication for a patient before the expiration of the 60-day
period beginning on the date the patient's previous prescription
for opioid pain medication was filled without receiving the
required form.
(s) The director by rule shall adopt a form for purposes of
Subsection (r) and prescribe procedures governing the use of that
form by prescribing physicians and pharmacists.
SECTION 2. Not later than December 1, 2015, the public
safety director of the Department of Public Safety shall adopt the
form required under Section 481.074(s), Health and Safety Code, as
added by this Act.
SECTION 3. The change in law made by this Act applies only
to a prescription completely filled on or after January 1, 2016. A
prescription completely filled before January 1, 2016, is covered
by the law as it existed immediately before the effective date of
this Act, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2015.