88R1980 KKR-D
By: Dean H.B. No. 1373
A BILL TO BE ENTITLED
AN ACT
relating to a pilot program for the safe disposal of controlled
substance prescription drugs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 6, Health and Safety Code, is
amended by adding Chapter 442A to read as follows:
CHAPTER 442A. CONTROLLED SUBSTANCE PRESCRIPTION DRUG SAFE DISPOSAL
PILOT PROGRAM
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 442A.001. DEFINITIONS. In this chapter:
(1) "Board" means the Texas State Board of Pharmacy.
(2) "Controlled substance" has the meaning assigned by
Section 481.002.
(3) "Pharmacy" means a facility licensed under Chapter
560, Occupations Code.
(4) "Pilot program" means the controlled substance
prescription drug safe disposal pilot program established under
this chapter.
(5) "Prescription drug" has the meaning assigned by
Section 551.003, Occupations Code.
Sec. 442A.002. CONTROLLED SUBSTANCE PRESCRIPTION DRUG SAFE
DISPOSAL PILOT PROGRAM. The board by rule shall develop and
implement a controlled substance prescription drug safe disposal
pilot program to increase the number of locations in this state in
which unused controlled substance prescription drugs are collected
from the public for safe disposal.
SUBCHAPTER B. PHARMACY PARTICIPATION
Sec. 442A.051. PHARMACY ELIGIBILITY. A pharmacy operating
in this state may apply to the board to participate in the pilot
program if the pharmacy:
(1) is registered with the United States Drug
Enforcement Administration;
(2) is not the subject of state or federal opioid
litigation; and
(3) meets the eligibility requirements established by
board rules.
Sec. 442A.052. APPLICATION AND SELECTION PROCESSES. (a)
The board shall adopt rules prescribing:
(1) the form and manner for a pharmacy to apply for
participation in the pilot program; and
(2) evaluation and selection criteria and processes.
(b) The board shall give priority to a pharmacy applicant
that:
(1) does not collect unused controlled substance
prescription drugs at the time the applicant submits the
application; or
(2) is located in a rural or underserved area the board
designates.
(c) A pharmacy that operates multiple locations must submit
an application for each location.
Sec. 442A.053. COLLECTION RECEPTACLE REQUIREMENTS. A
participating pharmacy that provides a collection receptacle for
the safe disposal of controlled substance prescription drugs shall
ensure the receptacle:
(1) meets the requirements of 21 C.F.R. Section
1317.75;
(2) is accessible during the pharmacy's regular hours
of operation;
(3) allows anonymous returns of unused controlled
substance prescription drugs; and
(4) provides disposal of unused controlled substance
prescription drugs at no cost to the person returning the drugs.
Sec. 442A.054. MAIL-BACK REQUIREMENTS. A participating
pharmacy that provides a mail-back program for the safe disposal of
controlled substance prescription drugs shall:
(1) ensure the program meets the requirements of 21
C.F.R. Section 1317.70; and
(2) provide at the time the pharmacy dispenses a
controlled substance prescription drug, at no cost to the person to
whom the drug is prescribed, a mail-in pouch for the person to
surrender any unused drugs by mail.
Sec. 442A.055. PHARMACY MANAGEMENT; RECORDS. A
participating pharmacy is responsible for the daily management and
recordkeeping of the pharmacy's controlled substance prescription
drug safe disposal program in accordance with the pharmacy's United
States Drug Enforcement Administration registration.
Sec. 442A.056. TEXAS PREMIER PHARMACY DESIGNATION. (a)
The board shall designate each pharmacy participating in the pilot
program as a Texas premier pharmacy provider committed to safe
opioid disposal.
(b) A participating pharmacy may use the designation for
marketing purposes.
SUBCHAPTER C. BOARD DUTIES
Sec. 442A.101. PILOT PROGRAM INCENTIVES. (a) The board
shall assist each pharmacy participating in the pilot program with
establishing and operating a plan for the safe return of controlled
substance prescription drugs under the pilot program, including by
paying the costs of:
(1) one collection receptacle for each pharmacy
location;
(2) supplies necessary for a mail-back program,
including envelopes and shipping costs;
(3) destruction of collected drugs through
incineration; and
(4) other operational needs as the board determines
appropriate.
(b) The board may:
(1) provide reimbursement costs directly to a
participating pharmacy for the costs the pharmacy incurs in
establishing and operating the plan under Subsection (a); or
(2) contract with a vendor to provide directly to the
participating pharmacy the supplies and services necessary to
implement the plan and reimburse the vendor for providing the
supplies and services.
(c) Subject to money available for purposes of this chapter,
the board may provide financial incentives to a pharmacy that is
providing drug collection services to continue providing those
services or expand those services to accommodate controlled
substance prescriptions. The board may provide incentives to a
chain retail pharmacy for not more than 15 locations.
Sec. 442A.102. COMMUNITY OUTREACH. (a) The board shall:
(1) develop and distribute educational outreach
materials for the public about the availability of safe controlled
substance prescription drug disposal in this state;
(2) post the materials on the board's Internet
website; and
(3) provide the materials to other state agencies for
those agencies to conduct the community outreach.
(b) The educational outreach materials must be in English,
Spanish, and, if applicable, another language spoken by a
substantial portion of the residents in a specific area of this
state.
Sec. 442A.103. REPORT. Not later than December 1 of each
even-numbered year, the board shall submit to the governor, the
lieutenant governor, and the legislature a report that:
(1) summarizes the results of the pilot program,
including:
(A) the number and geographic distribution of
collection receptacles;
(B) the amount of controlled substance
prescription drugs disposed by pharmacies under the pilot program;
(C) the amount and recipient of money distributed
under the pilot program; and
(D) a description of the board's educational
efforts and outcomes; and
(2) recommends whether the pilot program should
continue, be expanded, or terminate or whether the board should
permanently implement a controlled substance prescription drug
safe disposal program.
SUBCHAPTER D. FUNDING
Sec. 442A.151. FUNDING. (a) Money contained in the opioid
abatement account established under Section 403.505, Government
Code, as added by Chapter 781 (S.B. 1827), Acts of the 87th
Legislature, Regular Session, 2021, may be appropriated to the
board to fund the pilot program established under this chapter.
(b) The board may collect gifts, grants, and donations to
fund the program.
SUBCHAPTER E. EXPIRATION
Sec. 442A.201. EXPIRATION. This chapter expires September
1, 2029.
SECTION 2. As soon as practicable after the effective date
of this Act, the Texas State Board of Pharmacy shall implement the
controlled substance prescription drug safe disposal pilot program
developed under Chapter 442A, Health and Safety Code, as added by
this Act.
SECTION 3. This Act takes effect September 1, 2023.