Texas 2023 - 88th Regular

Texas Senate Bill SB2173 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	S.B. No. 2173
2	2
3	3
4	4	AN ACT
5	5	relating to a pilot program for the safe disposal of prescription
6	6	drugs, including controlled substance prescription drugs.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subtitle A, Title 6, Health and Safety Code, is
9	9	amended by adding Chapter 442A to read as follows:
10	10	CHAPTER 442A. PRESCRIPTION DRUG SAFE DISPOSAL PILOT PROGRAM
11	11	SUBCHAPTER A. GENERAL PROVISIONS
12	12	Sec. 442A.001. DEFINITIONS. In this chapter:
13	13	(1) "Board" means the Texas State Board of Pharmacy.
14	14	(2) "Controlled substance" has the meaning assigned by
15	15	Section 481.002.
16	16	(3) "Pharmacy" means a facility licensed under Chapter
17	17	560, Occupations Code.
18	18	(4) "Pilot program" means the prescription drug safe
19	19	disposal pilot program established under this chapter.
20	20	(5) "Prescription drug" has the meaning assigned by
21	21	Section 551.003, Occupations Code.
22	22	(6) "Ultimate user" has the meaning assigned by 21
23	23	U.S.C. Section 802.
24	24	Sec. 442A.002. PRESCRIPTION DRUG SAFE DISPOSAL PILOT
25	25	PROGRAM. The board by rule shall develop and implement a
26	26	prescription drug safe disposal pilot program to increase the
27	27	number of locations in this state where unused, unwanted, or
28	28	expired prescription drugs are collected from the public for safe
29	29	disposal.
30	30	SUBCHAPTER B. PHARMACY PARTICIPATION
31	31	Sec. 442A.051. PHARMACY ELIGIBILITY. A pharmacy operating
32	32	in this state may apply to the board to participate in the pilot
33	33	program if the pharmacy:
34	34	(1) is registered as an authorized drug collection
35	35	site with the United States Drug Enforcement Administration;
36	36	(2) is not the subject of state or federal opioid
37	37	litigation; and
38	38	(3) meets the eligibility requirements established by
39	39	21 C.F.R. Section 1317.40 and board rules.
40	40	Sec. 442A.052. APPLICATION AND SELECTION PROCESSES. (a)
41	41	The board shall adopt rules prescribing:
42	42	(1) the form and manner for a pharmacy to apply for
43	43	participation in the pilot program; and
44	44	(2) evaluation and selection criteria and processes.
45	45	(b) The board shall give priority to a pharmacy applicant
46	46	that:
47	47	(1) does not collect unused ultimate user prescription
48	48	drugs under 21 C.F.R. Part 1317 at the time the applicant submits
49	49	the application; or
50	50	(2) is located in a rural or underserved area the board
51	51	designates.
52	52	(c) A pharmacy that operates multiple locations must submit
53	53	an application for each location.
54	54	Sec. 442A.053. COLLECTION RECEPTACLE REQUIREMENTS. (a) A
55	55	participating pharmacy that provides a collection receptacle for
56	56	the safe disposal of prescription drugs shall ensure the
57	57	receptacle:
58	58	(1) meets the requirements of 21 C.F.R. Section
59	59	1317.75;
60	60	(2) is accessible during the pharmacy's regular hours
61	61	of operation;
62	62	(3) allows for the anonymous deposit of unused
63	63	controlled substance prescription drugs listed in Schedules II,
64	64	III, IV, and V; and
65	65	(4) provides disposal of unused prescription drugs at
66	66	no cost to the ultimate user.
67	67	(b) Controlled substance prescription drugs and
68	68	noncontrolled substance prescription drugs may be collected
69	69	together and comingled.
70	70	Sec. 442A.054. MAIL-BACK PROGRAM REQUIREMENTS. (a) A
71	71	participating pharmacy that provides a collection receptacle for
72	72	the safe disposal of prescription drugs may, under limited
73	73	circumstances as the pharmacy determines necessary, provide at the
74	74	time the pharmacy dispenses a controlled substance prescription
75	75	drug to the ultimate user a vendor's mail-back envelope, at no cost
76	76	to the ultimate user. The mail-back envelope must:
77	77	(1) be pre-addressed and return postage paid; and
78	78	(2) meet the requirements of 21 C.F.R. Section
79	79	1317.70.
80	80	(b) A participating pharmacy may provide not more than 250
81	81	mail-back envelopes during the duration of the pilot program to
82	82	encourage use of the pharmacy's collection receptacle.
83	83	Sec. 442A.055. PHARMACY MANAGEMENT; RECORDS. A
84	84	participating pharmacy is responsible for the daily management and
85	85	recordkeeping of the pharmacy's prescription drug safe disposal
86	86	program in accordance with the pharmacy's United States Drug
87	87	Enforcement Administration registration and board rules.
88	88	Sec. 442A.056. TEXAS PREMIER PHARMACY DESIGNATION. (a)
89	89	The board shall designate each pharmacy participating in the pilot
90	90	program as a Texas premier pharmacy provider committed to safe
91	91	prescription drug disposal.
92	92	(b) A participating pharmacy may use the designation for
93	93	marketing purposes.
94	94	SUBCHAPTER C. BOARD DUTIES
95	95	Sec. 442A.101. PILOT PROGRAM INCENTIVES. (a) The board
96	96	shall assist each pharmacy participating in the pilot program,
97	97	including by paying the costs of:
98	98	(1) maintaining one collection receptacle at each
99	99	participating pharmacy location and destroying through
100	100	incineration of the receptacle's full inner liner the prescription
101	101	drugs deposited in the receptacle;
102	102	(2) ordering and distributing pre-addressed, return
103	103	postage paid mail-back envelopes from a third-party mail-back
104	104	program and destroying through incineration the returned mail-back
105	105	envelopes containing the collected prescription drugs; and
106	106	(3) other operational needs the board determines
107	107	appropriate.
108	108	(b) The board:
109	109	(1) shall directly reimburse a participating pharmacy
110	110	for costs the pharmacy incurs under Subsection (a); and
111	111	(2) may not reimburse a participating pharmacy for the
112	112	cost of using a third-party incineration facility unless the
113	113	facility is appropriately registered with the United States Drug
114	114	Enforcement Administration.
115	115	(c) Subject to money available for purposes of this chapter,
116	116	the board may provide financial incentives to a pharmacy to
117	117	continue providing prescription drug collection services or expand
118	118	those services to accommodate controlled substance prescriptions.
119	119	The board may provide financial incentives to a chain retail
120	120	pharmacy for not more than 15 locations.
121	121	Sec. 442A.102. COMMUNITY OUTREACH. (a) The board shall:
122	122	(1) develop and distribute educational outreach
123	123	materials for the public about the availability of safe
124	124	prescription drug disposal in this state;
125	125	(2) post the materials on the board's Internet
126	126	website; and
127	127	(3) provide the materials to other state agencies for
128	128	those agencies to conduct the community outreach.
129	129	(b) The educational outreach materials must be in English,
130	130	Spanish, and for specific areas of this state as the board
131	131	determines appropriate, another language spoken by a substantial
132	132	portion of the area's residents.
133	133	Sec. 442A.103. REPORT. Not later than December 1 of each
134	134	even-numbered year, the board shall submit to the governor and the
135	135	legislature a report that:
136	136	(1) summarizes the results of the pilot program,
137	137	including:
138	138	(A) the number and geographic distribution of
139	139	collection receptacles at participating pharmacies;
140	140	(B) the estimated amount of prescription drugs
141	141	collected by participating pharmacies under the program, measured
142	142	by:
143	143	(i) the number of inner liners fully filled
144	144	with collected prescription drugs and sent for incineration by the
145	145	pharmacies;
146	146	(ii) the number of mail-back envelopes
147	147	distributed by the pharmacies; and
148	148	(iii) the weight, measured in pounds, of:
149	149	(a) inner liners described by
150	150	Subparagraph (i); and
151	151	(b) returned mail-back envelopes
152	152	filled with collected prescription drugs;
153	153	(C) the amount of money distributed under the
154	154	pilot program and the identity of each participating pharmacy to
155	155	which money is distributed; and
156	156	(D) a description of the board's educational
157	157	efforts and outcomes; and
158	158	(2) recommends whether the pilot program should
159	159	continue, be expanded, or terminate or whether the board should
160	160	permanently implement a prescription drug safe disposal program.
161	161	SUBCHAPTER D. FUNDING
162	162	Sec. 442A.151. FUNDING. (a) Money contained in the opioid
163	163	abatement account established under Section 403.505, Government
164	164	Code, as added by Chapter 781 (S.B. 1827), Acts of the 87th
165	165	Legislature, Regular Session, 2021, may be appropriated to the
166	166	board to fund the pilot program established under this chapter.
167	167	(b) The board may collect gifts, grants, and donations to
168	168	fund the program.
169	169	SUBCHAPTER E. EXPIRATION
170	170	Sec. 442A.201. EXPIRATION. This chapter expires on the
171	171	second anniversary of the date that all money appropriated for the
172	172	pilot program has been expended.
173	173	SECTION 2. As soon as practicable after the effective date
174	174	of this Act, the Texas State Board of Pharmacy shall implement the
175	175	prescription drug safe disposal pilot program developed under
176	176	Chapter 442A, Health and Safety Code, as added by this Act.
177	177	SECTION 3. This Act takes effect September 1, 2023.
178	178	______________________________ ______________________________
179	179	President of the Senate Speaker of the House
180	180	I hereby certify that S.B. No. 2173 passed the Senate on
181	181	April 26, 2023, by the following vote: Yeas 31, Nays 0.
182	182	______________________________
183	183	Secretary of the Senate
184	184	I hereby certify that S.B. No. 2173 passed the House on
185	185	May 16, 2023, by the following vote: Yeas 130, Nays 11, one
186	186	present not voting.
187	187	______________________________
188	188	Chief Clerk of the House
189	189	Approved:
190	190	______________________________
191	191	Date
192	192	______________________________
193	193	Governor