Texas 2015 - 84th Regular

Texas House Bill HB3200 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R12117 GCB-D
2	2	By: Capriglione H.B. No. 3200
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to limitations on filling prescriptions for certain opioid
8	8	pain medications; adding prohibitions subject to a criminal
9	9	penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 481.074, Health and Safety Code, is
12	12	amended by amending Subsection (a) and adding Subsections (a-1),
13	13	(r), and (s) to read as follows:
14	14	(a) A pharmacist may not:
15	15	(1) dispense or deliver a controlled substance or
16	16	cause a controlled substance to be dispensed or delivered under the
17	17	pharmacist's direction or supervision except under a valid
18	18	prescription and in the course of professional practice;
19	19	(2) dispense a controlled substance if the pharmacist
20	20	knows or should have known that the prescription was issued without
21	21	a valid patient-practitioner relationship;
22	22	(3) fill a prescription that is not prepared or issued
23	23	as prescribed by this chapter;
24	24	(4) permit or allow a person who is not a licensed
25	25	pharmacist or pharmacist intern to dispense, distribute, or in any
26	26	other manner deliver a controlled substance even if under the
27	27	supervision of a pharmacist, except that after the pharmacist or
28	28	pharmacist intern has fulfilled his professional and legal
29	29	responsibilities, a nonpharmacist may complete the actual cash or
30	30	credit transaction and delivery; [or]
31	31	(5) permit the delivery of a controlled substance to
32	32	any person not known to the pharmacist, the pharmacist intern, or
33	33	the person authorized by the pharmacist to deliver the controlled
34	34	substance without first requiring identification of the person
35	35	taking possession of the controlled substance, except as provided
36	36	by Subsection (n); or
37	37	(6) dispense or deliver an opioid pain medication, or
38	38	cause an opioid pain medication to be dispensed or delivered under
39	39	the pharmacist's direction or supervision, in a manner other than
40	40	as authorized under Subsection (r).
41	41	(a-1) In this section, "opioid pain medication" means a
42	42	controlled substance listed in Section 481.102 that is an opiate or
43	43	opium derivative and that a licensed physician has prescribed to a
44	44	patient for the treatment of pain.
45	45	(r) Notwithstanding Subsection (d-1) and except as
46	46	otherwise provided by this subsection, a pharmacist may not
47	47	dispense or deliver, or cause to be dispensed or delivered under the
48	48	pharmacist's direction or supervision, more than a 10-day supply of
49	49	an opioid pain medication for that patient in a 60-day period unless
50	50	the pharmacist receives a form adopted under Subsection (s)
51	51	indicating that the prescribing physician intends the patient to be
52	52	treated for pain for a period longer than 10 days or that the
53	53	patient requires treatment with opioid pain medication before the
54	54	expiration of the 60-day period beginning on the date the patient's
55	55	previous prescription for opioid pain medication was filled. A
56	56	pharmacist who receives a prescription for an amount of opioid pain
57	57	medication greater than a 10-day supply without receiving the
58	58	required form shall partially fill the prescription by dispensing
59	59	or delivering, or causing to be dispensed or delivered under the
60	60	pharmacist's direction or supervision, a 10-day supply for that
61	61	patient and shall inform the prescribing physician that the
62	62	remainder of the prescription is canceled in accordance with this
63	63	subsection. A pharmacist may not fill a prescription for opioid
64	64	pain medication for a patient before the expiration of the 60-day
65	65	period beginning on the date the patient's previous prescription
66	66	for opioid pain medication was filled without receiving the
67	67	required form.
68	68	(s) The director by rule shall adopt a form for purposes of
69	69	Subsection (r) and prescribe procedures governing the use of that
70	70	form by prescribing physicians and pharmacists.
71	71	SECTION 2. Not later than December 1, 2015, the public
72	72	safety director of the Department of Public Safety shall adopt the
73	73	form required under Section 481.074(s), Health and Safety Code, as
74	74	added by this Act.
75	75	SECTION 3. The change in law made by this Act applies only
76	76	to a prescription completely filled on or after January 1, 2016. A
77	77	prescription completely filled before January 1, 2016, is covered
78	78	by the law as it existed immediately before the effective date of
79	79	this Act, and the former law is continued in effect for that
80	80	purpose.
81	81	SECTION 4. This Act takes effect September 1, 2015.