85R2049 KKR-D
By: Kolkhorst S.B. No. 404
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting 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. 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. 116.003. IMPOSITION OF ADMINISTRATIVE PENALTY. The
appropriate licensing entity may impose an administrative penalty
against a health care practitioner who violates Section 116.002 or
a rule or order adopted under that section.
SECTION 2. This Act takes effect September 1, 2017.