| 1 | 1 | | 86R8966 JSC-D |
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| 2 | 2 | | By: Pacheco H.B. No. 1338 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prescribing low-THC cannabis to certain patients for |
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| 8 | 8 | | compassionate use. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 169.001(2), Occupations Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (2) "Epilepsy" has the meaning assigned by Section |
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| 13 | 13 | | 40.001, Health and Safety Code ["Intractable epilepsy" means a |
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| 14 | 14 | | seizure disorder in which the patient's seizures have been treated |
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| 15 | 15 | | by two or more appropriately chosen and maximally titrated |
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| 16 | 16 | | antiepileptic drugs that have failed to control the seizures]. |
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| 17 | 17 | | SECTION 2. Section 169.002(b), Occupations Code, is amended |
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| 18 | 18 | | to read as follows: |
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| 19 | 19 | | (b) A physician is qualified to prescribe low-THC cannabis |
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| 20 | 20 | | to a patient with [intractable] epilepsy if the physician: |
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| 21 | 21 | | (1) is licensed under this subtitle; |
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| 22 | 22 | | (2) dedicates a significant portion of clinical |
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| 23 | 23 | | practice to the evaluation and treatment of epilepsy; and |
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| 24 | 24 | | (3) is certified: |
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| 25 | 25 | | (A) by the American Board of Psychiatry and |
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| 26 | 26 | | Neurology in: |
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| 27 | 27 | | (i) epilepsy; or |
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| 28 | 28 | | (ii) neurology or neurology with special |
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| 29 | 29 | | qualification in child neurology and is otherwise qualified for the |
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| 30 | 30 | | examination for certification in epilepsy; or |
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| 31 | 31 | | (B) in neurophysiology by: |
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| 32 | 32 | | (i) the American Board of Psychiatry and |
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| 33 | 33 | | Neurology; or |
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| 34 | 34 | | (ii) the American Board of Clinical |
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| 35 | 35 | | Neurophysiology. |
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| 36 | 36 | | SECTION 3. Section 169.003, Occupations Code, is amended to |
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| 37 | 37 | | read as follows: |
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| 38 | 38 | | Sec. 169.003. PRESCRIPTION OF LOW-THC CANNABIS. A |
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| 39 | 39 | | physician described by Section 169.002 may prescribe low-THC |
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| 40 | 40 | | cannabis to alleviate a patient's seizures if: |
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| 41 | 41 | | (1) the patient is a permanent resident of the state; |
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| 42 | 42 | | (2) the physician complies with the registration |
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| 43 | 43 | | requirements of Section 169.004; and |
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| 44 | 44 | | (3) the physician certifies to the department that: |
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| 45 | 45 | | (A) the patient is diagnosed with [intractable] |
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| 46 | 46 | | epilepsy; |
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| 47 | 47 | | (B) the physician determines the risk of the |
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| 48 | 48 | | medical use of low-THC cannabis by the patient is reasonable in |
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| 49 | 49 | | light of the potential benefit for the patient; and |
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| 50 | 50 | | (C) a second physician qualified to prescribe |
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| 51 | 51 | | low-THC cannabis under Section 169.002 has concurred with the |
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| 52 | 52 | | determination under Paragraph (B), and the second physician's |
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| 53 | 53 | | concurrence is recorded in the patient's medical record. |
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| 54 | 54 | | SECTION 4. This Act takes effect September 1, 2019. |
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