| 1 | 1 | | 87R5465 MCF-D |
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| 2 | 2 | | By: Thierry H.B. No. 848 |
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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 distinctive packaging for opioid drugs. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. This Act shall be known as the Red Cap Opioid |
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| 10 | 10 | | Safety Act. |
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| 11 | 11 | | SECTION 2. Section 481.074(a), Health and Safety Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (a) A pharmacist may not: |
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| 14 | 14 | | (1) dispense or deliver a controlled substance or |
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| 15 | 15 | | cause a controlled substance to be dispensed or delivered under the |
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| 16 | 16 | | pharmacist's direction or supervision except under a valid |
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| 17 | 17 | | prescription and in the course of professional practice; |
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| 18 | 18 | | (2) dispense a controlled substance if the pharmacist |
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| 19 | 19 | | knows or should have known that the prescription was issued without |
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| 20 | 20 | | a valid patient-practitioner relationship; |
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| 21 | 21 | | (3) fill a prescription that is not prepared or issued |
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| 22 | 22 | | as prescribed by this chapter; |
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| 23 | 23 | | (4) permit or allow a person who is not a licensed |
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| 24 | 24 | | pharmacist or pharmacist intern to dispense, distribute, or in any |
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| 25 | 25 | | other manner deliver a controlled substance even if under the |
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| 26 | 26 | | supervision of a pharmacist, except that after the pharmacist or |
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| 27 | 27 | | pharmacist intern has fulfilled his professional and legal |
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| 28 | 28 | | responsibilities, a nonpharmacist may complete the actual cash or |
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| 29 | 29 | | credit transaction and delivery; [or] |
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| 30 | 30 | | (5) permit the delivery of a controlled substance to |
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| 31 | 31 | | any person not known to the pharmacist, the pharmacist intern, or |
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| 32 | 32 | | the person authorized by the pharmacist to deliver the controlled |
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| 33 | 33 | | substance without first requiring identification of the person |
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| 34 | 34 | | taking possession of the controlled substance, except as provided |
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| 35 | 35 | | by Subsection (n); or |
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| 36 | 36 | | (6) dispense or deliver an opioid not in the |
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| 37 | 37 | | distinctive packaging required by board rules adopted under Section |
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| 38 | 38 | | 481.0761(l). |
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| 39 | 39 | | SECTION 3. Section 481.0761, Health and Safety Code, is |
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| 40 | 40 | | amended by adding Subsection (l) to read as follows: |
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| 41 | 41 | | (l) The board shall adopt rules requiring that a |
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| 42 | 42 | | prescription for an opioid be dispensed in a bottle with a |
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| 43 | 43 | | distinctive red cap or, if the opioid is dispensed in a container |
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| 44 | 44 | | other than a bottle, in a container bearing a conspicuous red label. |
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| 45 | 45 | | SECTION 4. The Texas State Board of Pharmacy shall adopt the |
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| 46 | 46 | | rules required under Section 481.0761(l), Health and Safety Code, |
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| 47 | 47 | | as added by this Act, not later than January 1, 2022. |
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| 48 | 48 | | SECTION 5. The change in law made by this Act applies only |
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| 49 | 49 | | to a prescription opioid dispensed on or after March 1, 2022. A |
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| 50 | 50 | | prescription dispensed before March 1, 2022, is governed by the law |
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| 51 | 51 | | in effect immediately before the effective date of this Act, and the |
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| 52 | 52 | | former law is continued in effect for that purpose. |
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| 53 | 53 | | SECTION 6. This Act takes effect immediately if it receives |
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| 54 | 54 | | a vote of two-thirds of all the members elected to each house, as |
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| 55 | 55 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 56 | 56 | | Act does not receive the vote necessary for immediate effect, this |
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| 57 | 57 | | Act takes effect September 1, 2021. |
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