| 1 | 1 | | 85R31006 KKR-D |
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| 2 | 2 | | By: Kolkhorst S.B. No. 404 |
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| 3 | 3 | | (Coleman) |
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| 4 | 4 | | Substitute the following for S.B. No. 404: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to prohibiting certain health care practitioners from |
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| 10 | 10 | | providing alcoholic beverages to certain persons; imposing an |
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| 11 | 11 | | administrative penalty. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subtitle A, Title 3, Occupations Code, is |
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| 14 | 14 | | amended by adding Chapter 116 to read as follows: |
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| 15 | 15 | | CHAPTER 116. PROVIDING ALCOHOLIC BEVERAGES PROHIBITED |
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| 16 | 16 | | Sec. 116.001. DEFINITIONS. In this chapter: |
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| 17 | 17 | | (1) "Health care practitioner" means an individual |
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| 18 | 18 | | issued a license, certificate, registration, title, permit, or |
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| 19 | 19 | | other authorization under this title to engage in a health care |
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| 20 | 20 | | profession. |
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| 21 | 21 | | (2) "Licensing entity" means a department, |
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| 22 | 22 | | commission, board, office, authority, or other agency of the state |
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| 23 | 23 | | that regulates health care practitioners under this title. |
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| 24 | 24 | | Sec. 116.002. APPLICABILITY. This chapter applies only to |
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| 25 | 25 | | a health care practitioner who is authorized to: |
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| 26 | 26 | | (1) administer anesthesia or provide anesthesia |
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| 27 | 27 | | services in an outpatient setting, including the health care |
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| 28 | 28 | | practitioner's office; or |
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| 29 | 29 | | (2) prescribe or administer a prescription drug, as |
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| 30 | 30 | | defined by Section 551.003. |
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| 31 | 31 | | Sec. 116.003. PROVIDING ALCOHOLIC BEVERAGE PROHIBITED. |
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| 32 | 32 | | (a) Except as otherwise provided by Subsection (b), a health care |
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| 33 | 33 | | practitioner or an employee or agent of a health care practitioner |
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| 34 | 34 | | may not provide or otherwise make available to a patient or to a |
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| 35 | 35 | | person accompanying the patient in the health care practitioner's |
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| 36 | 36 | | office, including the patient's parent or guardian, an alcoholic |
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| 37 | 37 | | beverage subject to regulation under the Alcoholic Beverage Code. |
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| 38 | 38 | | (b) This section does not apply to: |
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| 39 | 39 | | (1) alcohol when used as, or contained in, a drug for |
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| 40 | 40 | | the diagnosis, cure, mitigation, treatment, or prevention of |
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| 41 | 41 | | illness, injury, or disease; or |
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| 42 | 42 | | (2) an alcoholic beverage provided or otherwise made |
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| 43 | 43 | | available at a social event held in a health care practitioner's |
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| 44 | 44 | | office outside of normal business hours. |
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| 45 | 45 | | (c) A licensing entity may adopt rules necessary to |
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| 46 | 46 | | implement this chapter. |
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| 47 | 47 | | Sec. 116.004. IMPOSITION OF ADMINISTRATIVE PENALTY. The |
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| 48 | 48 | | appropriate licensing entity may impose an administrative penalty |
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| 49 | 49 | | against a health care practitioner who violates Section 116.003 or |
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| 50 | 50 | | a rule or order adopted under that section. |
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| 51 | 51 | | SECTION 2. This Act takes effect September 1, 2017. |
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