Texas 2019 - 86th Regular

Texas House Bill HB3703 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3703
	1	+	By: Klick, et al. H.B. No. 3703
	2	+	(Senate Sponsor - Campbell, Menéndez, Schwertner)
	3	+	(In the Senate - Received from the House May 8, 2019;
	4	+	May 10, 2019, read first time and referred to Committee on Health &
	5	+	Human Services; May 20, 2019, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	7	+	May 20, 2019, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3703 By: Campbell
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to the prescription of low-THC cannabis for medical use by
6	15		certain qualified physicians to patients with certain medical
7	16		conditions.
8	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	18		SECTION 1. Section 169.001, Occupations Code, is amended by
10	19		adding Subdivisions (1-a) and (6) and amending Subdivision (3) to
11	20		read as follows:
12	21		(1-a) "Incurable neurodegenerative disease" means a
13	22		disease designated as an incurable neurodegenerative disease by
14	23		rule of the executive commissioner of the Health and Human Services
15	24		Commission, adopted in consultation with the National Institutes of
16	25		Health.
17	26		(3) "Low-THC cannabis" means the plant Cannabis sativa
18	27		L., and any part of that plant or any compound, manufacture, salt,
19	28		derivative, mixture, preparation, resin, or oil of that plant that
20	29		contains[:
21	30		[(A)] not more than 0.5 percent by weight of
22	31		tetrahydrocannabinols[; and
23	32		[(B) not less than 10 percent by weight of
24	33		cannabidiol].
25	34		(6) "Terminal cancer" means cancer that meets the
26	35		criteria for a terminal illness, as defined by Section 1003.051,
27	36		Health and Safety Code.
28	37		SECTION 2. Chapter 169, Occupations Code, is amended by
29	38		adding Section 169.0011 and amending Sections 169.002, 169.003, and
30	39		169.004 to read as follows:
31	40		Sec. 169.0011. PRESCRIPTION FOR MEDICAL USE. A reference
32	41		in this chapter, Chapter 487, Health and Safety Code, or other law
33	42		to a prescription for medical use or a prescription for low-THC
34	43		cannabis means an entry in the compassionate-use registry
35	44		established under Section 487.054, Health and Safety Code.
36	45		Sec. 169.002. PHYSICIAN QUALIFIED TO PRESCRIBE LOW-THC
37	46		CANNABIS TO PATIENTS WITH CERTAIN MEDICAL CONDITIONS. (a) Only a
38	47		physician qualified with respect to a patient's particular medical
39	48		condition as provided by this section may prescribe low-THC
40	49		cannabis in accordance with this chapter to treat the applicable
41	50		medical condition.
42	51		(b) A physician is qualified to prescribe low-THC cannabis
43	52		with respect to a patient's particular medical condition [to a
44	53		patient with intractable epilepsy] if the physician:
45	54		(1) is licensed under this subtitle;
46	55		(2) is board certified in a medical specialty relevant
47	56		to the treatment of the patient's particular medical condition by a
48	57		specialty board approved by the American Board of Medical
49	58		Specialties or the Bureau of Osteopathic Specialists; and
50	59		(3) dedicates a significant portion of clinical
51	60		practice to the evaluation and treatment of the patient's
52	61		particular medical condition [epilepsy; and
53	62		[(3) is certified:
54	63		[(A) by the American Board of Psychiatry and
55	64		Neurology in:
56	65		[(i) epilepsy; or
57	66		[(ii) neurology or neurology with special
58	67		qualification in child neurology and is otherwise qualified for the
59	68		examination for certification in epilepsy; or
60	69		[(B) in neurophysiology by:
61	70		[(i) the American Board of Psychiatry and
62	71		Neurology; or
63	72		[(ii) the American Board of Clinical
64	73		Neurophysiology].
65	74		Sec. 169.003. PRESCRIPTION OF LOW-THC CANNABIS. A
66	75		physician described by Section 169.002 may prescribe low-THC
67	76		cannabis to a patient [alleviate a patient's seizures] if:
68	77		(1) the patient is a permanent resident of the state;
69	78		(2) the physician complies with the registration
70	79		requirements of Section 169.004; and
71	80		(3) the physician certifies to the department that:
72	81		(A) the patient is diagnosed with:
73	82		(i) [intractable] epilepsy;
74	83		(ii) a seizure disorder;
75	84		(iii) multiple sclerosis;
76	85		(iv) spasticity;
77	86		(v) amyotrophic lateral sclerosis;
78	87		(vi) autism;
79	88		(vii) terminal cancer; or
80	89		(viii) an incurable neurodegenerative
81	90		disease; and
82	91		(B) the physician determines the risk of the
83	92		medical use of low-THC cannabis by the patient is reasonable in
84	93		light of the potential benefit for the patient[; and
85	94		[(C) a second physician qualified to prescribe
86	95		low-THC cannabis under Section 169.002 has concurred with the
87	96		determination under Paragraph (B), and the second physician's
88	97		concurrence is recorded in the patient's medical record].
89	98		Sec. 169.004. LOW-THC CANNABIS PRESCRIBER REGISTRATION.
90	99		(a) Before a physician qualified to prescribe low-THC cannabis
91	100		under Section 169.002 may prescribe or renew a prescription for
92	101		low-THC cannabis for a patient under this chapter, the physician
93	102		must register as the prescriber for that patient in the
94	103		compassionate-use registry maintained by the department under
95	104		Section 487.054, Health and Safety Code. The physician's
96	105		registration must indicate:
97	106		(1) the physician's name;
98	107		(2) the patient's name and date of birth;
99	108		(3) the dosage prescribed to the patient;
100	109		(4) the means of administration ordered for the
101	110		patient; and
102	111		(5) the total amount of low-THC cannabis required to
103	112		fill the patient's prescription.
104	113		(b) The department may not publish the name of a physician
105	114		registered under this section unless permission is expressly
106	115		granted by the physician.
107	116		SECTION 3. Section 169.001(2), Occupations Code, is
108	117		repealed.
109	118		SECTION 4. Not later than December 1, 2019, the executive
110	119		commissioner of the Health and Human Services Commission, in
111	120		consultation with the National Institutes of Health, shall adopt
112	121		rules designating diseases as incurable neurodegenerative diseases
113	122		for which patients may be prescribed low-THC cannabis for medical
114	123		use under Chapter 169, Occupations Code, as amended by this Act.
115	124		SECTION 5. This Act takes effect immediately if it receives
116	125		a vote of two-thirds of all the members elected to each house, as
117	126		provided by Section 39, Article III, Texas Constitution. If this
118	127		Act does not receive the vote necessary for immediate effect, this
119	128		Act takes effect September 1, 2019.
120		-	______________________________ ______________________________
121		-	President of the Senate Speaker of the House
122		-	I certify that H.B. No. 3703 was passed by the House on May 8,
123		-	2019, by the following vote: Yeas 133, Nays 10, 2 present, not
124		-	voting; and that the House concurred in Senate amendments to H.B.
125		-	No. 3703 on May 24, 2019, by the following vote: Yeas 136, Nays 5,
126		-	1 present, not voting.
127		-	______________________________
128		-	Chief Clerk of the House
129		-	I certify that H.B. No. 3703 was passed by the Senate, with
130		-	amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
131		-	0.
132		-	______________________________
133		-	Secretary of the Senate
134		-	APPROVED: __________________
135		-	Date
136		-	__________________
137		-	Governor
	129	+	* * * * *