By: Kolkhorst S.B. No. 404
(In the Senate - Filed December 29, 2016; February 1, 2017,
read first time and referred to Committee on Business & Commerce;
March 20, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; March 20, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 404 By: Creighton
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting certain health care practitioners from
providing alcoholic beverages to certain persons; imposing an
administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 3, Occupations Code, is
amended by adding Chapter 116 to read as follows:
CHAPTER 116. PROVIDING ALCOHOLIC BEVERAGES PROHIBITED
Sec. 116.001. DEFINITIONS. In this chapter:
(1) "Health care practitioner" means an individual
issued a license, certificate, registration, title, permit, or
other authorization under this title to engage in a health care
profession.
(2) "Licensing entity" means a department,
commission, board, office, authority, or other agency of the state
that regulates health care practitioners under this title.
Sec. 116.002. APPLICABILITY. This chapter applies only to
a health care practitioner who is authorized to:
(1) administer anesthesia or provide anesthesia
services in an outpatient setting, including the health care
practitioner's office; or
(2) prescribe or administer a prescription drug, as
defined by Section 551.003.
Sec. 116.003. PROVIDING ALCOHOLIC BEVERAGE PROHIBITED.
(a) Except as otherwise provided by Subsection (b), a health care
practitioner or an employee or agent of a health care practitioner
may not provide or otherwise make available to a patient or to a
person accompanying the patient in the health care practitioner's
office, including the patient's parent or guardian, an alcoholic
beverage subject to regulation under the Alcoholic Beverage Code.
(b) This section does not apply to alcohol when used as, or
contained in, a drug for the diagnosis, cure, mitigation,
treatment, or prevention of illness, injury, or disease.
(c) A licensing entity may adopt rules necessary to
implement this chapter.
Sec. 116.004. IMPOSITION OF ADMINISTRATIVE PENALTY. The
appropriate licensing entity may impose an administrative penalty
against a health care practitioner who violates Section 116.003 or
a rule or order adopted under that section.
SECTION 2. This Act takes effect September 1, 2017.
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