Texas 2023 - 88th Regular

Texas House Bill HB1373 Compare Versions

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1	1	88R1980 KKR-D
2	2	By: Dean H.B. No. 1373
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a pilot program for the safe disposal of controlled
8	8	substance prescription drugs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 6, Health and Safety Code, is
11	11	amended by adding Chapter 442A to read as follows:
12	12	CHAPTER 442A. CONTROLLED SUBSTANCE PRESCRIPTION DRUG SAFE DISPOSAL
13	13	PILOT PROGRAM
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 442A.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the Texas State Board of Pharmacy.
17	17	(2) "Controlled substance" has the meaning assigned by
18	18	Section 481.002.
19	19	(3) "Pharmacy" means a facility licensed under Chapter
20	20	560, Occupations Code.
21	21	(4) "Pilot program" means the controlled substance
22	22	prescription drug safe disposal pilot program established under
23	23	this chapter.
24	24	(5) "Prescription drug" has the meaning assigned by
25	25	Section 551.003, Occupations Code.
26	26	Sec. 442A.002. CONTROLLED SUBSTANCE PRESCRIPTION DRUG SAFE
27	27	DISPOSAL PILOT PROGRAM. The board by rule shall develop and
28	28	implement a controlled substance prescription drug safe disposal
29	29	pilot program to increase the number of locations in this state in
30	30	which unused controlled substance prescription drugs are collected
31	31	from the public for safe disposal.
32	32	SUBCHAPTER B. PHARMACY PARTICIPATION
33	33	Sec. 442A.051. PHARMACY ELIGIBILITY. A pharmacy operating
34	34	in this state may apply to the board to participate in the pilot
35	35	program if the pharmacy:
36	36	(1) is registered with the United States Drug
37	37	Enforcement Administration;
38	38	(2) is not the subject of state or federal opioid
39	39	litigation; and
40	40	(3) meets the eligibility requirements established by
41	41	board rules.
42	42	Sec. 442A.052. APPLICATION AND SELECTION PROCESSES. (a)
43	43	The board shall adopt rules prescribing:
44	44	(1) the form and manner for a pharmacy to apply for
45	45	participation in the pilot program; and
46	46	(2) evaluation and selection criteria and processes.
47	47	(b) The board shall give priority to a pharmacy applicant
48	48	that:
49	49	(1) does not collect unused controlled substance
50	50	prescription drugs at the time the applicant submits the
51	51	application; or
52	52	(2) is located in a rural or underserved area the board
53	53	designates.
54	54	(c) A pharmacy that operates multiple locations must submit
55	55	an application for each location.
56	56	Sec. 442A.053. COLLECTION RECEPTACLE REQUIREMENTS. A
57	57	participating pharmacy that provides a collection receptacle for
58	58	the safe disposal of controlled substance prescription drugs shall
59	59	ensure the receptacle:
60	60	(1) meets the requirements of 21 C.F.R. Section
61	61	1317.75;
62	62	(2) is accessible during the pharmacy's regular hours
63	63	of operation;
64	64	(3) allows anonymous returns of unused controlled
65	65	substance prescription drugs; and
66	66	(4) provides disposal of unused controlled substance
67	67	prescription drugs at no cost to the person returning the drugs.
68	68	Sec. 442A.054. MAIL-BACK REQUIREMENTS. A participating
69	69	pharmacy that provides a mail-back program for the safe disposal of
70	70	controlled substance prescription drugs shall:
71	71	(1) ensure the program meets the requirements of 21
72	72	C.F.R. Section 1317.70; and
73	73	(2) provide at the time the pharmacy dispenses a
74	74	controlled substance prescription drug, at no cost to the person to
75	75	whom the drug is prescribed, a mail-in pouch for the person to
76	76	surrender any unused drugs by mail.
77	77	Sec. 442A.055. PHARMACY MANAGEMENT; RECORDS. A
78	78	participating pharmacy is responsible for the daily management and
79	79	recordkeeping of the pharmacy's controlled substance prescription
80	80	drug safe disposal program in accordance with the pharmacy's United
81	81	States Drug Enforcement Administration registration.
82	82	Sec. 442A.056. TEXAS PREMIER PHARMACY DESIGNATION. (a)
83	83	The board shall designate each pharmacy participating in the pilot
84	84	program as a Texas premier pharmacy provider committed to safe
85	85	opioid disposal.
86	86	(b) A participating pharmacy may use the designation for
87	87	marketing purposes.
88	88	SUBCHAPTER C. BOARD DUTIES
89	89	Sec. 442A.101. PILOT PROGRAM INCENTIVES. (a) The board
90	90	shall assist each pharmacy participating in the pilot program with
91	91	establishing and operating a plan for the safe return of controlled
92	92	substance prescription drugs under the pilot program, including by
93	93	paying the costs of:
94	94	(1) one collection receptacle for each pharmacy
95	95	location;
96	96	(2) supplies necessary for a mail-back program,
97	97	including envelopes and shipping costs;
98	98	(3) destruction of collected drugs through
99	99	incineration; and
100	100	(4) other operational needs as the board determines
101	101	appropriate.
102	102	(b) The board may:
103	103	(1) provide reimbursement costs directly to a
104	104	participating pharmacy for the costs the pharmacy incurs in
105	105	establishing and operating the plan under Subsection (a); or
106	106	(2) contract with a vendor to provide directly to the
107	107	participating pharmacy the supplies and services necessary to
108	108	implement the plan and reimburse the vendor for providing the
109	109	supplies and services.
110	110	(c) Subject to money available for purposes of this chapter,
111	111	the board may provide financial incentives to a pharmacy that is
112	112	providing drug collection services to continue providing those
113	113	services or expand those services to accommodate controlled
114	114	substance prescriptions. The board may provide incentives to a
115	115	chain retail pharmacy for not more than 15 locations.
116	116	Sec. 442A.102. COMMUNITY OUTREACH. (a) The board shall:
117	117	(1) develop and distribute educational outreach
118	118	materials for the public about the availability of safe controlled
119	119	substance prescription drug disposal in this state;
120	120	(2) post the materials on the board's Internet
121	121	website; and
122	122	(3) provide the materials to other state agencies for
123	123	those agencies to conduct the community outreach.
124	124	(b) The educational outreach materials must be in English,
125	125	Spanish, and, if applicable, another language spoken by a
126	126	substantial portion of the residents in a specific area of this
127	127	state.
128	128	Sec. 442A.103. REPORT. Not later than December 1 of each
129	129	even-numbered year, the board shall submit to the governor, the
130	130	lieutenant governor, and the legislature a report that:
131	131	(1) summarizes the results of the pilot program,
132	132	including:
133	133	(A) the number and geographic distribution of
134	134	collection receptacles;
135	135	(B) the amount of controlled substance
136	136	prescription drugs disposed by pharmacies under the pilot program;
137	137	(C) the amount and recipient of money distributed
138	138	under the pilot program; and
139	139	(D) a description of the board's educational
140	140	efforts and outcomes; and
141	141	(2) recommends whether the pilot program should
142	142	continue, be expanded, or terminate or whether the board should
143	143	permanently implement a controlled substance prescription drug
144	144	safe disposal program.
145	145	SUBCHAPTER D. FUNDING
146	146	Sec. 442A.151. FUNDING. (a) Money contained in the opioid
147	147	abatement account established under Section 403.505, Government
148	148	Code, as added by Chapter 781 (S.B. 1827), Acts of the 87th
149	149	Legislature, Regular Session, 2021, may be appropriated to the
150	150	board to fund the pilot program established under this chapter.
151	151	(b) The board may collect gifts, grants, and donations to
152	152	fund the program.
153	153	SUBCHAPTER E. EXPIRATION
154	154	Sec. 442A.201. EXPIRATION. This chapter expires September
155	155	1, 2029.
156	156	SECTION 2. As soon as practicable after the effective date
157	157	of this Act, the Texas State Board of Pharmacy shall implement the
158	158	controlled substance prescription drug safe disposal pilot program
159	159	developed under Chapter 442A, Health and Safety Code, as added by
160	160	this Act.
161	161	SECTION 3. This Act takes effect September 1, 2023.