| 1 | 1 | | 87R6646 MCF-D |
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| 2 | 2 | | By: Crockett H.B. No. 1233 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prescribing low-THC cannabis under the Texas |
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| 8 | 8 | | Compassionate Use Program. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 169.002, Occupations Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 169.002. PHYSICIAN QUALIFIED TO PRESCRIBE LOW-THC |
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| 13 | 13 | | CANNABIS [TO PATIENTS WITH CERTAIN MEDICAL CONDITIONS]. (a) Only a |
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| 14 | 14 | | physician qualified [with respect to a patient's particular medical |
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| 15 | 15 | | condition] as provided by this section may prescribe low-THC |
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| 16 | 16 | | cannabis in accordance with this chapter [to treat the applicable |
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| 17 | 17 | | medical condition]. |
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| 18 | 18 | | (b) A physician is qualified to prescribe low-THC cannabis |
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| 19 | 19 | | to alleviate the symptoms of [with respect to] a patient's |
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| 20 | 20 | | particular medical condition or the symptoms caused by other |
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| 21 | 21 | | treatments for that medical condition if the physician: |
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| 22 | 22 | | (1) is licensed under this subtitle; |
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| 23 | 23 | | (2) is board certified in a medical specialty relevant |
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| 24 | 24 | | to the treatment of the patient's particular medical condition by a |
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| 25 | 25 | | specialty board approved by the American Board of Medical |
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| 26 | 26 | | Specialties or the Bureau of Osteopathic Specialists; and |
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| 27 | 27 | | (3) dedicates a significant portion of clinical |
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| 28 | 28 | | practice to the evaluation and treatment of the patient's |
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| 29 | 29 | | particular medical condition, and the treatment of symptoms caused |
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| 30 | 30 | | by that medical condition and by other treatments for that medical |
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| 31 | 31 | | condition. |
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| 32 | 32 | | SECTION 2. Section 169.003, Occupations Code, is amended to |
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| 33 | 33 | | read as follows: |
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| 34 | 34 | | Sec. 169.003. PRESCRIPTION OF LOW-THC CANNABIS. A |
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| 35 | 35 | | physician described by Section 169.002 may prescribe low-THC |
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| 36 | 36 | | cannabis to a patient if: |
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| 37 | 37 | | (1) the patient is a permanent resident of the state; |
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| 38 | 38 | | (2) the physician complies with the registration |
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| 39 | 39 | | requirements of Section 169.004; and |
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| 40 | 40 | | (3) the physician certifies to the department that: |
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| 41 | 41 | | (A) the patient is diagnosed with a medical |
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| 42 | 42 | | condition that produces symptoms, or the treatment of which |
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| 43 | 43 | | produces symptoms, that are alleviated by medical use of low-THC |
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| 44 | 44 | | cannabis [: |
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| 45 | 45 | | [(i) epilepsy; |
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| 46 | 46 | | [(ii) a seizure disorder; |
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| 47 | 47 | | [(iii) multiple sclerosis; |
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| 48 | 48 | | [(iv) spasticity; |
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| 49 | 49 | | [(v) amyotrophic lateral sclerosis; |
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| 50 | 50 | | [(vi) autism; |
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| 51 | 51 | | [(vii) terminal cancer; or |
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| 52 | 52 | | [(viii) an incurable neurodegenerative |
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| 53 | 53 | | disease]; and |
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| 54 | 54 | | (B) the physician determines the risk of the |
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| 55 | 55 | | medical use of low-THC cannabis by the patient is reasonable in |
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| 56 | 56 | | light of the potential benefit for the patient. |
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| 57 | 57 | | SECTION 3. Sections 169.001(1-a) and (6), Occupations Code, |
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| 58 | 58 | | are repealed. |
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| 59 | 59 | | SECTION 4. This Act takes effect September 1, 2021. |
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