Texas 2019 - 86th Regular

Texas House Bill HB4045 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R6330 LHC-D
2	2	By: Dominguez H.B. No. 4045
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing the possession, use, cultivation,
8	8	distribution, transportation, and delivery of medical cannabis for
9	9	medical use by patients with certain eligible medical conditions
10	10	and the licensing of dispensing organizations; changing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. CHANGES TO CHAPTER 169, OCCUPATIONS CODE
13	13	SECTION 1.01. The heading to Chapter 169, Occupations Code,
14	14	is amended to read as follows:
15	15	CHAPTER 169. AUTHORITY TO PRESCRIBE MEDICAL [LOW-THC] CANNABIS TO
16	16	CERTAIN PATIENTS FOR COMPASSIONATE USE
17	17	SECTION 1.02. Section 169.001, Occupations Code, is amended
18	18	by adding Subdivision (2-a) and amending Subdivisions (3) and (4)
19	19	to read as follows:
20	20	(2-a) "Eligible medical condition" means any medical
21	21	condition for which a physician determines that medical cannabis is
22	22	a medically necessary treatment.
23	23	(3) "Medical ["Low-THC] cannabis" means the plant
24	24	Cannabis sativa L., and any part of that plant or any compound,
25	25	manufacture, salt, derivative, mixture, preparation, resin, or oil
26	26	of that plant [that contains:
27	27	[(A) not more than 0.5 percent by weight of
28	28	tetrahydrocannabinols; and
29	29	[(B) not less than 10 percent by weight of
30	30	cannabidiol].
31	31	(4) "Medical use" means the ingestion by a means of
32	32	administration other than by smoking of a prescribed amount of
33	33	medical [low-THC] cannabis by a person for whom medical [low-THC]
34	34	cannabis is prescribed under this chapter.
35	35	SECTION 1.03. Section 169.003, Occupations Code, is amended
36	36	to read as follows:
37	37	Sec. 169.003. PRESCRIPTION OF MEDICAL [LOW-THC] CANNABIS.
38	38	A physician [described by Section 169.002] may prescribe medical
39	39	[low-THC] cannabis to alleviate a patient's eligible medical
40	40	condition [seizures] if:
41	41	(1) the patient is a permanent resident of the state;
42	42	(2) the physician complies with the registration
43	43	requirements of Section 169.004; and
44	44	(3) the physician certifies to the department that:
45	45	(A) the patient is diagnosed with an eligible
46	46	medical condition [intractable epilepsy];
47	47	(B) the physician determines the risk of the
48	48	[medical] use of medical [low-THC] cannabis by the patient is
49	49	reasonable in light of the potential benefit for the patient; and
50	50	(C) a second physician [qualified to prescribe
51	51	low-THC cannabis under Section 169.002] has concurred with the
52	52	determination under Paragraph (B), and the second physician's
53	53	concurrence is recorded in the patient's medical record.
54	54	SECTION 1.04. Sections 169.004 and 169.005, Occupations
55	55	Code, are amended to read as follows:
56	56	Sec. 169.004. MEDICAL [LOW-THC] CANNABIS PRESCRIBER
57	57	REGISTRATION. Before a physician [qualified to prescribe low-THC
58	58	cannabis under Section 169.002] may prescribe or renew a
59	59	prescription for medical [low-THC] cannabis for a patient under
60	60	this chapter, the physician must register as the prescriber for
61	61	that patient in the compassionate-use registry maintained by the
62	62	department under Section 487.054, Health and Safety Code. The
63	63	physician's registration must indicate:
64	64	(1) the physician's name;
65	65	(2) the patient's name and date of birth;
66	66	(3) the nature of the patient's eligible medical
67	67	condition;
68	68	(4) the dosage prescribed to the patient;
69	69	(5) [(4)] the means of administration ordered for the
70	70	patient; and
71	71	(6) [(5)] the total amount of medical [low-THC]
72	72	cannabis required to fill the patient's prescription.
73	73	Sec. 169.005. PATIENT TREATMENT PLAN. A physician
74	74	[described by Section 169.002] who prescribes medical [low-THC]
75	75	cannabis for a patient's medical use under this chapter must
76	76	maintain a patient treatment plan that indicates:
77	77	(1) the dosage, means of administration, and planned
78	78	duration of treatment for the medical [low-THC] cannabis;
79	79	(2) a plan for monitoring the patient's symptoms; and
80	80	(3) a plan for monitoring indicators of tolerance or
81	81	reaction to medical [low-THC] cannabis.
82	82	SECTION 1.05. The following provisions are repealed:
83	83	(1) Section 169.001(2), Occupations Code; and
84	84	(2) Section 169.002, Occupations Code.
85	85	ARTICLE 2. CHANGES TO CHAPTER 487, HEALTH AND SAFETY CODE
86	86	SECTION 2.01. Section 487.001, Health and Safety Code, is
87	87	amended by amending Subdivision (3) and adding Subdivision (3-a) to
88	88	read as follows:
89	89	(3) "Dispensing organization" means an organization
90	90	licensed by the department to cultivate, process, and dispense
91	91	medical [low-THC] cannabis to a patient for whom medical [low-THC]
92	92	cannabis is prescribed under Chapter 169, Occupations Code.
93	93	(3-a) "Eligible medical condition" and "medical
94	94	cannabis" have the meanings assigned by Section 169.001,
95	95	Occupations Code.
96	96	SECTION 2.02. Section 487.052, Health and Safety Code, is
97	97	amended to read as follows:
98	98	Sec. 487.052. RULES. (a) The director shall adopt any rules
99	99	necessary for the administration and enforcement of this chapter,
100	100	including rules imposing fees under this chapter in amounts
101	101	sufficient to cover the cost of administering this chapter.
102	102	(b) The fees adopted under Subsection (a) may not exceed
103	103	$30,000 for the issuance or renewal of a license.
104	104	SECTION 2.03. Section 487.054, Health and Safety Code, is
105	105	amended to read as follows:
106	106	Sec. 487.054. COMPASSIONATE-USE REGISTRY. (a) The
107	107	department shall establish and maintain a secure online
108	108	compassionate-use registry that contains:
109	109	(1) the name of each physician who registers as the
110	110	prescriber for a patient under Section 169.004, Occupations Code,
111	111	and for each patient for whom the physician has registered as the
112	112	prescriber:
113	113	(A) the patient's name;
114	114	(B) the patient's [and] date of birth;
115	115	(C) the nature of the patient's eligible medical
116	116	condition;
117	117	(D) [of the patient,] the dosage prescribed;
118	118	(E) [,] the means of administration ordered;[,]
119	119	and
120	120	(F) the total amount of medical [low-THC]
121	121	cannabis required to fill the patient's prescription; and
122	122	(2) a record of each amount of medical [low-THC]
123	123	cannabis dispensed by a dispensing organization to a patient under
124	124	a prescription.
125	125	(b) The department shall ensure the registry:
126	126	(1) is designed to prevent more than one qualified
127	127	physician from registering as the prescriber for a single patient;
128	128	(2) is accessible to law enforcement agencies and
129	129	dispensing organizations for the purpose of verifying whether a
130	130	patient is one for whom medical [low-THC] cannabis is prescribed
131	131	and whether the patient's prescriptions have been filled; and
132	132	(3) allows a physician [qualified to prescribe low-THC
133	133	cannabis under Section 169.002, Occupations Code,] to input safety
134	134	and efficacy data derived from the treatment of patients for whom
135	135	medical [low-THC] cannabis is prescribed under Chapter 169,
136	136	Occupations Code.
137	137	SECTION 2.04. Section 487.102, Health and Safety Code, is
138	138	amended to read as follows:
139	139	Sec. 487.102. ELIGIBILITY FOR LICENSE. An applicant for a
140	140	license to operate as a dispensing organization is eligible for the
141	141	license if:
142	142	(1) as determined by the department, the applicant
143	143	possesses:
144	144	(A) the technical and technological ability to
145	145	cultivate and produce medical [low-THC] cannabis;
146	146	(B) the ability to secure:
147	147	(i) the resources and personnel necessary
148	148	to operate as a dispensing organization; and
149	149	(ii) premises reasonably located to allow
150	150	patients listed on the compassionate-use registry access to the
151	151	organization through existing infrastructure;
152	152	(C) the ability to maintain accountability for
153	153	the raw materials, the finished product, and any by-products used
154	154	or produced in the cultivation or production of medical [low-THC]
155	155	cannabis to prevent unlawful access to or unlawful diversion or
156	156	possession of those materials, products, or by-products; and
157	157	(D) the financial ability to maintain operations
158	158	for not less than two years from the date of application;
159	159	(2) each director, manager, or employee of the
160	160	applicant is registered under Subchapter D; and
161	161	(3) the applicant satisfies any additional criteria
162	162	determined by the director to be necessary to safely implement this
163	163	chapter.
164	164	SECTION 2.05. Section 487.104(a), Health and Safety Code,
165	165	is amended to read as follows:
166	166	(a) The department shall issue or renew a license for each
167	167	[to operate as a dispensing organization only if:
168	168	[(1) the department determines the] applicant that
169	169	meets the eligibility requirements described by Section 487.102[;
170	170	and
171	171	[(2) issuance or renewal of the license is necessary
172	172	to ensure reasonable statewide access to, and the availability of,
173	173	low-THC cannabis for patients registered in the compassionate-use
174	174	registry and for whom low-THC cannabis is prescribed under Chapter
175	175	169, Occupations Code].
176	176	SECTION 2.06. Section 487.107, Health and Safety Code, is
177	177	amended to read as follows:
178	178	Sec. 487.107. DUTIES RELATING TO DISPENSING PRESCRIPTION.
179	179	(a) Before dispensing medical [low-THC] cannabis to a person for
180	180	whom the medical [low-THC] cannabis is prescribed under Chapter
181	181	169, Occupations Code, the dispensing organization must verify that
182	182	the prescription presented:
183	183	(1) is for a person listed as a patient in the
184	184	compassionate-use registry;
185	185	(2) matches the entry in the compassionate-use
186	186	registry with respect to the total amount of medical [low-THC]
187	187	cannabis required to fill the prescription; and
188	188	(3) has not previously been filled by a dispensing
189	189	organization as indicated by an entry in the compassionate-use
190	190	registry.
191	191	(b) After dispensing medical [low-THC] cannabis to a
192	192	patient for whom the medical [low-THC] cannabis is prescribed under
193	193	Chapter 169, Occupations Code, the dispensing organization shall
194	194	record in the compassionate-use registry the form and quantity of
195	195	medical [low-THC] cannabis dispensed and the date and time of
196	196	dispensation.
197	197	SECTION 2.07. Section 487.108(c), Health and Safety Code,
198	198	is amended to read as follows:
199	199	(c) After suspending or revoking a license issued under this
200	200	chapter, the director may seize or place under seal all medical
201	201	[low-THC] cannabis and drug paraphernalia owned or possessed by the
202	202	dispensing organization. If the director orders the revocation of
203	203	the license, a disposition may not be made of the seized or sealed
204	204	medical [low-THC] cannabis or drug paraphernalia until the time for
205	205	administrative appeal of the order has elapsed or until all appeals
206	206	have been concluded. When a revocation order becomes final, all
207	207	medical [low-THC] cannabis and drug paraphernalia may be forfeited
208	208	to the state as provided under Subchapter E, Chapter 481.
209	209	SECTION 2.08. Section 487.201, Health and Safety Code, is
210	210	amended to read as follows:
211	211	Sec. 487.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT
212	212	MEDICAL [LOW-THC] CANNABIS. A municipality, county, or other
213	213	political subdivision may not enact, adopt, or enforce a rule,
214	214	ordinance, order, resolution, or other regulation that prohibits
215	215	the cultivation, production, dispensing, or possession of medical
216	216	[low-THC] cannabis, as authorized by this chapter.
217	217	SECTION 2.09. Section 487.001(4), Health and Safety Code,
218	218	is repealed.
219	219	ARTICLE 3. CONFORMING CHANGES
220	220	SECTION 3.01. Section 161.001(c), Family Code, is amended
221	221	to read as follows:
222	222	(c) A court may not make a finding under Subsection (b) and
223	223	order termination of the parent-child relationship based on
224	224	evidence that the parent:
225	225	(1) homeschooled the child;
226	226	(2) is economically disadvantaged;
227	227	(3) has been charged with a nonviolent misdemeanor
228	228	offense other than:
229	229	(A) an offense under Title 5, Penal Code;
230	230	(B) an offense under Title 6, Penal Code; or
231	231	(C) an offense that involves family violence, as
232	232	defined by Section 71.004 of this code;
233	233	(4) provided or administered medical [low-THC]
234	234	cannabis to a child for whom the medical [low-THC] cannabis was
235	235	prescribed under Chapter 169, Occupations Code; or
236	236	(5) declined immunization for the child for reasons of
237	237	conscience, including a religious belief.
238	238	SECTION 3.02. Section 262.116(a), Family Code, is amended
239	239	to read as follows:
240	240	(a) The Department of Family and Protective Services may not
241	241	take possession of a child under this subchapter based on evidence
242	242	that the parent:
243	243	(1) homeschooled the child;
244	244	(2) is economically disadvantaged;
245	245	(3) has been charged with a nonviolent misdemeanor
246	246	offense other than:
247	247	(A) an offense under Title 5, Penal Code;
248	248	(B) an offense under Title 6, Penal Code; or
249	249	(C) an offense that involves family violence, as
250	250	defined by Section 71.004 of this code;
251	251	(4) provided or administered medical [low-THC]
252	252	cannabis to a child for whom the medical [low-THC] cannabis was
253	253	prescribed under Chapter 169, Occupations Code; or
254	254	(5) declined immunization for the child for reasons of
255	255	conscience, including a religious belief.
256	256	SECTION 3.03. Section 481.062(a), Health and Safety Code,
257	257	is amended to read as follows:
258	258	(a) The following persons may possess a controlled
259	259	substance under this chapter without registering with the Federal
260	260	Drug Enforcement Administration:
261	261	(1) an agent or employee of a manufacturer,
262	262	distributor, analyzer, or dispenser of the controlled substance who
263	263	is registered with the Federal Drug Enforcement Administration and
264	264	acting in the usual course of business or employment;
265	265	(2) a common or contract carrier, a warehouseman, or
266	266	an employee of a carrier or warehouseman whose possession of the
267	267	controlled substance is in the usual course of business or
268	268	employment;
269	269	(3) an ultimate user or a person in possession of the
270	270	controlled substance under a lawful order of a practitioner or in
271	271	lawful possession of the controlled substance if it is listed in
272	272	Schedule V;
273	273	(4) an officer or employee of this state, another
274	274	state, a political subdivision of this state or another state, or
275	275	the United States who is lawfully engaged in the enforcement of a
276	276	law relating to a controlled substance or drug or to a customs law
277	277	and authorized to possess the controlled substance in the discharge
278	278	of the person's official duties;
279	279	(5) if the substance is tetrahydrocannabinol or one of
280	280	its derivatives:
281	281	(A) a Department of State Health Services
282	282	official, a medical school researcher, or a research program
283	283	participant possessing the substance as authorized under
284	284	Subchapter G; or
285	285	(B) a practitioner or an ultimate user possessing
286	286	the substance as a participant in a federally approved therapeutic
287	287	research program that the commissioner has reviewed and found, in
288	288	writing, to contain a medically responsible research protocol; or
289	289	(6) a dispensing organization licensed under
290	290	Subchapter C, Chapter 487, that possesses medical [low-THC]
291	291	cannabis.
292	292	SECTION 3.04. Section 481.111(e), Health and Safety Code,
293	293	is amended to read as follows:
294	294	(e) Sections 481.120, 481.121, 481.122, and 481.125 do not
295	295	apply to a person who engages in the acquisition, possession,
296	296	production, cultivation, delivery, or disposal of a raw material
297	297	used in or by-product created by the production or cultivation of
298	298	medical [low-THC] cannabis if the person:
299	299	(1) for an offense involving possession only of
300	300	marihuana or drug paraphernalia:
301	301	(A) [,] is a patient for whom medical [low-THC]
302	302	cannabis is prescribed under Chapter 169, Occupations Code, or the
303	303	patient's legal guardian;[,] and
304	304	(B) [the person] possesses medical [low-THC]
305	305	cannabis obtained under a valid prescription from a dispensing
306	306	organization; or
307	307	(2) is a director, manager, or employee of a
308	308	dispensing organization and the person, solely in performing the
309	309	person's regular duties at the organization, acquires, possesses,
310	310	produces, cultivates, dispenses, or disposes of:
311	311	(A) in reasonable quantities, any medical
312	312	[low-THC] cannabis or raw materials used in or by-products created
313	313	by the production or cultivation of medical [low-THC] cannabis; or
314	314	(B) any drug paraphernalia used in the
315	315	acquisition, possession, production, cultivation, delivery, or
316	316	disposal of medical [low-THC] cannabis.
317	317	SECTION 3.05. Section 481.111(f)(2), Health and Safety
318	318	Code, is amended to read as follows:
319	319	(2) "Medical cannabis" ["Low-THC cannabis"] has the
320	320	meaning assigned by Section 169.001, Occupations Code.
321	321	SECTION 3.06. Section 551.004(a), Occupations Code, is
322	322	amended to read as follows:
323	323	(a) This subtitle does not apply to:
324	324	(1) a practitioner licensed by the appropriate state
325	325	board who supplies a patient of the practitioner with a drug in a
326	326	manner authorized by state or federal law and who does not operate a
327	327	pharmacy for the retailing of prescription drugs;
328	328	(2) a member of the faculty of a college of pharmacy
329	329	recognized by the board who is a pharmacist and who performs the
330	330	pharmacist's services only for the benefit of the college;
331	331	(3) a person who procures prescription drugs for
332	332	lawful research, teaching, or testing and not for resale;
333	333	(4) a home and community support services agency that
334	334	possesses a dangerous drug as authorized by Section 142.0061,
335	335	142.0062, or 142.0063, Health and Safety Code; or
336	336	(5) a dispensing organization, as defined by Section
337	337	487.001, Health and Safety Code, that cultivates, processes, and
338	338	dispenses medical [low-THC] cannabis, as authorized by a license
339	339	issued under Subchapter C, Chapter 487, Health and Safety Code, to a
340	340	patient listed in the compassionate-use registry established under
341	341	that chapter.
342	342	ARTICLE 4. TRANSITIONS AND EFFECTIVE DATE
343	343	SECTION 4.01. Not later than October 1, 2019, the public
344	344	safety director of the Department of Public Safety shall adopt
345	345	rules as required to implement, administer, and enforce Chapter
346	346	487, Health and Safety Code, as amended by this Act.
347	347	SECTION 4.02. (a) A license to operate as a dispensing
348	348	organization issued under Chapter 487, Health and Safety Code,
349	349	before the effective date of this Act continues to be valid after
350	350	the effective date of this Act until that license expires.
351	351	(b) The registration of a director, manager, or employee of
352	352	a dispensing organization under Subchapter D, Chapter 487, Health
353	353	and Safety Code, continues to be valid after the effective date of
354	354	this Act until that registration expires.
355	355	SECTION 4.03. This Act takes effect September 1, 2019.