| 1 | 1 | | 86R7570 SCL-D |
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| 2 | 2 | | By: Dean H.B. No. 2086 |
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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 a controlled substance disposal program for pharmacies |
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| 8 | 8 | | and certain health care facilities. |
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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. The heading to Chapter 442, Health and Safety |
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| 11 | 11 | | Code, is amended to read as follows: |
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| 12 | 12 | | CHAPTER 442. DONATION OF PRESCRIPTION DRUGS AND DISPOSAL OF |
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| 13 | 13 | | CONTROLLED SUBSTANCES |
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| 14 | 14 | | SECTION 2. Chapter 442, Health and Safety Code, is amended |
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| 15 | 15 | | by adding Subchapter C to read as follows: |
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| 16 | 16 | | SUBCHAPTER C. DISPOSAL OF CERTAIN CONTROLLED SUBSTANCES |
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| 17 | 17 | | Sec. 442.101. CONTROLLED SUBSTANCE DISPOSAL PROGRAM |
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| 18 | 18 | | REQUIRED. A health care facility or pharmacy shall establish a |
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| 19 | 19 | | controlled substance disposal program for a person to return to the |
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| 20 | 20 | | facility or pharmacy for disposal any unused quantity of a |
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| 21 | 21 | | controlled substance, as defined by Section 481.002, dispensed to |
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| 22 | 22 | | the person by the facility or pharmacy. The program must: |
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| 23 | 23 | | (1) allow the return of a controlled substance during |
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| 24 | 24 | | the facility's or pharmacy's regular hours of operation; |
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| 25 | 25 | | (2) provide a secure method for accepting and storing |
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| 26 | 26 | | a controlled substance until disposal; |
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| 27 | 27 | | (3) allow anonymous returns of a controlled substance; |
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| 28 | 28 | | and |
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| 29 | 29 | | (4) provide disposal of a controlled substance at no |
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| 30 | 30 | | cost to the person returning the substance. |
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| 31 | 31 | | Sec. 442.102. ENFORCEMENT. A person who violates Section |
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| 32 | 32 | | 442.101 is subject to review and disciplinary action by the |
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| 33 | 33 | | appropriate licensing authority of the health care facility or |
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| 34 | 34 | | pharmacy under other law. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2019. |
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