By: Dean, et al. (Senate Sponsor - Hughes) H.B. No. 2088
(In the Senate - Received from the House May 6, 2019;
May 7, 2019, read first time and referred to Committee on Health &
Human Services; May 20, 2019, reported favorably by the following
vote: Yeas 9, Nays 0; May 20, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to providing information and other resources regarding
safe disposal of Schedule II controlled substance prescription
drugs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.075, Health and Safety Code, is
amended by adding Subsections (n), (o), and (p) to read as follows:
(n) A person dispensing a Schedule II controlled substance
under a prescription shall provide written notice, as defined by
board rule adopted under Subsection (o), on the safe disposal of
controlled substance prescription drugs, unless:
(1) the Schedule II controlled substance prescription
drug is dispensed at a pharmacy or other location that:
(A) is authorized to take back those drugs for
safe disposal; and
(B) regularly accepts those drugs for safe
disposal; or
(2) the dispenser provides to the person to whom the
Schedule II controlled substance prescription drug is dispensed, at
the time of dispensation and at no cost to the person:
(A) a mail-in pouch for surrendering unused
controlled substance prescription drugs; or
(B) chemicals to render any unused drugs unusable
or non-retrievable.
(o) The board shall adopt rules to prescribe the form of the
written notice on the safe disposal of controlled substance
prescription drugs required under Subsection (n). The notice must
include information on locations at which Schedule II controlled
substance prescription drugs are accepted for safe disposal. The
notice, in lieu of listing those locations, may provide the address
of an Internet website specified by the board that provides a
searchable database of locations at which Schedule II controlled
substance prescription drugs are accepted for safe disposal.
(p) The board may take disciplinary action against a person
who fails to comply with Subsection (n).
SECTION 2. Section 481.075(n), Health and Safety Code, as
added by this Act, applies only to a controlled substance
prescription drug dispensed on or after January 1, 2020.
SECTION 3. This Act takes effect September 1, 2019.
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