| 1 | 1 | | 87R5466 MCF-D |
|---|
| 2 | 2 | | By: Thierry H.B. No. 849 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to an acknowledgment on receipt of an opioid prescription |
|---|
| 8 | 8 | | drug. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 481.074(a), Health and Safety Code, is |
|---|
| 11 | 11 | | amended to read as follows: |
|---|
| 12 | 12 | | (a) A pharmacist may not: |
|---|
| 13 | 13 | | (1) dispense or deliver a controlled substance or |
|---|
| 14 | 14 | | cause a controlled substance to be dispensed or delivered under the |
|---|
| 15 | 15 | | pharmacist's direction or supervision except under a valid |
|---|
| 16 | 16 | | prescription and in the course of professional practice; |
|---|
| 17 | 17 | | (2) dispense a controlled substance if the pharmacist |
|---|
| 18 | 18 | | knows or should have known that the prescription was issued without |
|---|
| 19 | 19 | | a valid patient-practitioner relationship; |
|---|
| 20 | 20 | | (3) fill a prescription that is not prepared or issued |
|---|
| 21 | 21 | | as prescribed by this chapter; |
|---|
| 22 | 22 | | (4) permit or allow a person who is not a licensed |
|---|
| 23 | 23 | | pharmacist or pharmacist intern to dispense, distribute, or in any |
|---|
| 24 | 24 | | other manner deliver a controlled substance even if under the |
|---|
| 25 | 25 | | supervision of a pharmacist, except that after the pharmacist or |
|---|
| 26 | 26 | | pharmacist intern has fulfilled his professional and legal |
|---|
| 27 | 27 | | responsibilities, a nonpharmacist may complete the actual cash or |
|---|
| 28 | 28 | | credit transaction and delivery; [or] |
|---|
| 29 | 29 | | (5) permit the delivery of a controlled substance to |
|---|
| 30 | 30 | | any person not known to the pharmacist, the pharmacist intern, or |
|---|
| 31 | 31 | | the person authorized by the pharmacist to deliver the controlled |
|---|
| 32 | 32 | | substance without first requiring identification of the person |
|---|
| 33 | 33 | | taking possession of the controlled substance, except as provided |
|---|
| 34 | 34 | | by Subsection (n); or |
|---|
| 35 | 35 | | (6) dispense or deliver an opioid without: |
|---|
| 36 | 36 | | (A) providing to the person taking possession of |
|---|
| 37 | 37 | | the opioid the acknowledgment form described by Section 481.0761(l) |
|---|
| 38 | 38 | | providing a warning about the risks of opioid addiction and |
|---|
| 39 | 39 | | overdose; |
|---|
| 40 | 40 | | (B) receiving from that person the signed |
|---|
| 41 | 41 | | acknowledgment form; and |
|---|
| 42 | 42 | | (C) maintaining the signed acknowledgment form |
|---|
| 43 | 43 | | in the pharmacist's records. |
|---|
| 44 | 44 | | SECTION 2. Section 481.0761, Health and Safety Code, is |
|---|
| 45 | 45 | | amended by adding Subsection (l) to read as follows: |
|---|
| 46 | 46 | | (l) The board by rule shall adopt an acknowledgment form |
|---|
| 47 | 47 | | providing a warning about the risks of opioid addiction and |
|---|
| 48 | 48 | | overdose to be signed by a person on receipt of an opioid. The |
|---|
| 49 | 49 | | acknowledgment form must include language substantially similar to |
|---|
| 50 | 50 | | the following, in all capital letters and printed in 14-point font: |
|---|
| 51 | 51 | | "WARNING: THIS DRUG IS AN OPIOID. THE USE OF AN OPIOID MAY |
|---|
| 52 | 52 | | RESULT IN ADDICTION TO OPIOIDS AND DEATH.". |
|---|
| 53 | 53 | | SECTION 3. The Texas State Board of Pharmacy shall adopt the |
|---|
| 54 | 54 | | rules required under Section 481.0761(l), Health and Safety Code, |
|---|
| 55 | 55 | | as added by this Act, not later than January 1, 2022. |
|---|
| 56 | 56 | | SECTION 4. The change in law made by this Act applies only |
|---|
| 57 | 57 | | to a prescription for an opioid dispensed on or after March 1, 2022. |
|---|
| 58 | 58 | | A prescription dispensed before March 1, 2022, is governed by the |
|---|
| 59 | 59 | | law in effect immediately before the effective date of this Act, and |
|---|
| 60 | 60 | | the former law is continued in effect for that purpose. |
|---|
| 61 | 61 | | SECTION 5. This Act takes effect immediately if it receives |
|---|
| 62 | 62 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 63 | 63 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 64 | 64 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 65 | 65 | | Act takes effect September 1, 2021. |
|---|