86R8966 JSC-D
By: Pacheco H.B. No. 1338
A BILL TO BE ENTITLED
AN ACT
relating to prescribing low-THC cannabis to certain patients for
compassionate use.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 169.001(2), Occupations Code, is amended
to read as follows:
(2) "Epilepsy" has the meaning assigned by Section
40.001, Health and Safety Code ["Intractable epilepsy" means a
seizure disorder in which the patient's seizures have been treated
by two or more appropriately chosen and maximally titrated
antiepileptic drugs that have failed to control the seizures].
SECTION 2. Section 169.002(b), Occupations Code, is amended
to read as follows:
(b) A physician is qualified to prescribe low-THC cannabis
to a patient with [intractable] epilepsy if the physician:
(1) is licensed under this subtitle;
(2) dedicates a significant portion of clinical
practice to the evaluation and treatment of epilepsy; and
(3) is certified:
(A) by the American Board of Psychiatry and
Neurology in:
(i) epilepsy; or
(ii) neurology or neurology with special
qualification in child neurology and is otherwise qualified for the
examination for certification in epilepsy; or
(B) in neurophysiology by:
(i) the American Board of Psychiatry and
Neurology; or
(ii) the American Board of Clinical
Neurophysiology.
SECTION 3. Section 169.003, Occupations Code, is amended to
read as follows:
Sec. 169.003. PRESCRIPTION OF LOW-THC CANNABIS. A
physician described by Section 169.002 may prescribe low-THC
cannabis to alleviate a patient's seizures if:
(1) the patient is a permanent resident of the state;
(2) the physician complies with the registration
requirements of Section 169.004; and
(3) the physician certifies to the department that:
(A) the patient is diagnosed with [intractable]
epilepsy;
(B) the physician determines the risk of the
medical use of low-THC cannabis by the patient is reasonable in
light of the potential benefit for the patient; and
(C) a second physician qualified to prescribe
low-THC cannabis under Section 169.002 has concurred with the
determination under Paragraph (B), and the second physician's
concurrence is recorded in the patient's medical record.
SECTION 4. This Act takes effect September 1, 2019.