H.B. No. 3703
AN ACT
relating to the prescription of low-THC cannabis for medical use by
certain qualified physicians to patients with certain medical
conditions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 169.001, Occupations Code, is amended by
adding Subdivisions (1-a) and (6) and amending Subdivision (3) to
read as follows:
(1-a) "Incurable neurodegenerative disease" means a
disease designated as an incurable neurodegenerative disease by
rule of the executive commissioner of the Health and Human Services
Commission, adopted in consultation with the National Institutes of
Health.
(3) "Low-THC cannabis" means the plant Cannabis sativa
L., and any part of that plant or any compound, manufacture, salt,
derivative, mixture, preparation, resin, or oil of that plant that
contains[:
[(A)] not more than 0.5 percent by weight of
tetrahydrocannabinols[; and
[(B) not less than 10 percent by weight of
cannabidiol].
(6) "Terminal cancer" means cancer that meets the
criteria for a terminal illness, as defined by Section 1003.051,
Health and Safety Code.
SECTION 2. Chapter 169, Occupations Code, is amended by
adding Section 169.0011 and amending Sections 169.002, 169.003, and
169.004 to read as follows:
Sec. 169.0011. PRESCRIPTION FOR MEDICAL USE. A reference
in this chapter, Chapter 487, Health and Safety Code, or other law
to a prescription for medical use or a prescription for low-THC
cannabis means an entry in the compassionate-use registry
established under Section 487.054, Health and Safety Code.
Sec. 169.002. PHYSICIAN QUALIFIED TO PRESCRIBE LOW-THC
CANNABIS TO PATIENTS WITH CERTAIN MEDICAL CONDITIONS. (a) Only a
physician qualified with respect to a patient's particular medical
condition as provided by this section may prescribe low-THC
cannabis in accordance with this chapter to treat the applicable
medical condition.
(b) A physician is qualified to prescribe low-THC cannabis
with respect to a patient's particular medical condition [to a
patient with intractable epilepsy] if the physician:
(1) is licensed under this subtitle;
(2) is board certified in a medical specialty relevant
to the treatment of the patient's particular medical condition by a
specialty board approved by the American Board of Medical
Specialties or the Bureau of Osteopathic Specialists; and
(3) dedicates a significant portion of clinical
practice to the evaluation and treatment of the patient's
particular medical condition [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].
Sec. 169.003. PRESCRIPTION OF LOW-THC CANNABIS. A
physician described by Section 169.002 may prescribe low-THC
cannabis to a patient [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:
(i) [intractable] epilepsy;
(ii) a seizure disorder;
(iii) multiple sclerosis;
(iv) spasticity;
(v) amyotrophic lateral sclerosis;
(vi) autism;
(vii) terminal cancer; or
(viii) an incurable neurodegenerative
disease; and
(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].
Sec. 169.004. LOW-THC CANNABIS PRESCRIBER REGISTRATION.
(a) Before a physician qualified to prescribe low-THC cannabis
under Section 169.002 may prescribe or renew a prescription for
low-THC cannabis for a patient under this chapter, the physician
must register as the prescriber for that patient in the
compassionate-use registry maintained by the department under
Section 487.054, Health and Safety Code. The physician's
registration must indicate:
(1) the physician's name;
(2) the patient's name and date of birth;
(3) the dosage prescribed to the patient;
(4) the means of administration ordered for the
patient; and
(5) the total amount of low-THC cannabis required to
fill the patient's prescription.
(b) The department may not publish the name of a physician
registered under this section unless permission is expressly
granted by the physician.
SECTION 3. Section 169.001(2), Occupations Code, is
repealed.
SECTION 4. Not later than December 1, 2019, the executive
commissioner of the Health and Human Services Commission, in
consultation with the National Institutes of Health, shall adopt
rules designating diseases as incurable neurodegenerative diseases
for which patients may be prescribed low-THC cannabis for medical
use under Chapter 169, Occupations Code, as amended by this Act.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3703 was passed by the House on May 8,
2019, by the following vote: Yeas 133, Nays 10, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3703 on May 24, 2019, by the following vote: Yeas 136, Nays 5,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3703 was passed by the Senate, with
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor