| 1 | 1 | | 87R12346 JSC-F |
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| 2 | 2 | | By: Powell S.B. No. 2095 |
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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 provision of an opioid antagonist to a person who is |
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| 8 | 8 | | filling a prescription for an opioid medication. |
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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 483.103, Health and Safety Code, is |
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| 11 | 11 | | amended by adding Subsection (b-1) and amending Subsection (c) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (b-1) A pharmacist may dispense an opioid antagonist |
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| 14 | 14 | | without a prescription to a person to whom the pharmacist is |
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| 15 | 15 | | dispensing an opioid medication under a prescription if: |
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| 16 | 16 | | (1) the opioid is prescribed in conjunction with |
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| 17 | 17 | | benzodiazepine medication; |
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| 18 | 18 | | (2) the prescription of the dispensed medication |
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| 19 | 19 | | directs the patient to take 90 morphine milligram equivalents or |
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| 20 | 20 | | more daily; |
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| 21 | 21 | | (3) in the pharmacist's professional opinion, the |
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| 22 | 22 | | patient is at risk of accidental overdose or potential abuse or |
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| 23 | 23 | | overuse; or |
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| 24 | 24 | | (4) the physician who issued the prescription has |
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| 25 | 25 | | communicated to the pharmacist that in the physician's professional |
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| 26 | 26 | | opinion, the patient is at risk of accidental overdose or potential |
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| 27 | 27 | | abuse or overuse. |
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| 28 | 28 | | (c) A pharmacist who, acting in good faith and with |
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| 29 | 29 | | reasonable care, dispenses or does not dispense an opioid |
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| 30 | 30 | | antagonist under a valid prescription or on the pharmacist's own |
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| 31 | 31 | | initiative under Subsection (b-1) is not subject to any criminal or |
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| 32 | 32 | | civil liability or any professional disciplinary action for: |
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| 33 | 33 | | (1) dispensing or failing to dispense the opioid |
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| 34 | 34 | | antagonist; or |
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| 35 | 35 | | (2) if the pharmacist chooses to dispense an opioid |
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| 36 | 36 | | antagonist, any outcome resulting from the eventual administration |
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| 37 | 37 | | of the opioid antagonist. |
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| 38 | 38 | | SECTION 2. The change in law made by this Act applies only |
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| 39 | 39 | | to a person to whom the pharmacist dispenses an opioid medication |
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| 40 | 40 | | under a prescription on or after the effective date of this Act. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2021. |
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