TX
Texas House Bill HB562

Texas 2019 - 86th Regular

Texas House Bill HB562 Compare Versions

OldNewDifferences
1-86R29360 JSC-D
2- By: Thierry, et al. H.B. No. 562
3- Substitute the following for H.B. No. 562:
4- By: Thompson of Harris C.S.H.B. No. 562
1+86R4203 JSC-D
2+ By: Thierry H.B. No. 562
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to warning labels for opioid prescription drugs.
108 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
119 SECTION 1. Section 481.074(a), Health and Safety Code, is
1210 amended to read as follows:
1311 (a) A pharmacist may not:
1412 (1) dispense or deliver a controlled substance or
1513 cause a controlled substance to be dispensed or delivered under the
1614 pharmacist's direction or supervision except under a valid
1715 prescription and in the course of professional practice;
1816 (2) dispense a controlled substance if the pharmacist
1917 knows or should have known that the prescription was issued without
2018 a valid patient-practitioner relationship;
2119 (3) fill a prescription that is not prepared or issued
2220 as prescribed by this chapter;
2321 (4) permit or allow a person who is not a licensed
2422 pharmacist or pharmacist intern to dispense, distribute, or in any
2523 other manner deliver a controlled substance even if under the
2624 supervision of a pharmacist, except that after the pharmacist or
2725 pharmacist intern has fulfilled his professional and legal
2826 responsibilities, a nonpharmacist may complete the actual cash or
2927 credit transaction and delivery; [or]
3028 (5) permit the delivery of a controlled substance to
3129 any person not known to the pharmacist, the pharmacist intern, or
3230 the person authorized by the pharmacist to deliver the controlled
3331 substance without first requiring identification of the person
3432 taking possession of the controlled substance, except as provided
3533 by Subsection (n); or
36- (6) dispense a prescription opioid unless the bottle
37- or container in which the opioid is dispensed is affixed with a
38- label warning of the addictive nature of opioids and the risks of
39- overdose as required by board rule under Section 481.0761(l).
34+ (6) dispense or deliver an opioid without a warning
35+ label required by board rule under Section 481.0761(l).
4036 SECTION 2. Section 481.0761, Health and Safety Code, is
4137 amended by adding Subsection (l) to read as follows:
42- (l) The board shall adopt rules requiring that all
43- prescription opioids be dispensed in a bottle or container affixed
44- with a label warning users of the addictive nature of opioids and
45- the risk of overdose. The label must include language substantially
46- similar to the following:
47- "CAUTION: Opioid. Risk of Overdose and Addiction.".
38+ (l) The board shall adopt rules requiring that a
39+ prescription for an opioid be dispensed in a bottle with a warning
40+ label that addresses the risk of addiction and overdose. The label
41+ must include language substantially similar to the following, in
42+ all capital letters and printed in 14-point font:
43+ "WARNING: THIS DRUG IS AN OPIOID. THE USE OF AN OPIOID MAY
44+ RESULT IN ADDICTION TO OPIOIDS AND DEATH.".
4845 SECTION 3. The Texas State Board of Pharmacy shall adopt the
4946 rules required under Section 481.0761(l), Health and Safety Code,
5047 as added by this Act, not later than January 1, 2020.
5148 SECTION 4. The change in law made by this Act applies only
5249 to a prescription for an opioid dispensed on or after March 1, 2020.
5350 A prescription dispensed before March 1, 2020, is governed by the
5451 law in effect immediately before the effective date of this Act, and
5552 the former law is continued in effect for that purpose.
5653 SECTION 5. This Act takes effect immediately if it receives
5754 a vote of two-thirds of all the members elected to each house, as
5855 provided by Section 39, Article III, Texas Constitution. If this
5956 Act does not receive the vote necessary for immediate effect, this
6057 Act takes effect September 1, 2019.