Texas 2025 - 89th Regular

Texas Senate Bill SB1263 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5197 LRM-F
2	2	By: Alvarado S.B. No. 1263
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a pilot program for the safe disposal of prescription
10	10	drugs, including controlled substance prescription drugs.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 442A.001, Health and Safety Code, is
13	13	amended to read as follows:
14	14	Sec. 442A.001. DEFINITIONS. In this chapter:
15	15	(1) "Collection receptacle" means a receptacle as
16	16	described by 21 C.F.R. Section 1317.75 ["Board" means the Texas
17	17	State Board of Pharmacy].
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Controlled substance" has the meaning assigned by
21	21	Section 481.002.
22	22	(4) [(3)] "Pharmacy" means a facility licensed under
23	23	Chapter 560, Occupations Code.
24	24	(5) [(4)] "Pilot program" means the prescription drug
25	25	safe disposal pilot program established under this chapter.
26	26	(6) [(5)] "Prescription drug" has the meaning
27	27	assigned by Section 551.003, Occupations Code.
28	28	(7) [(6)] "Ultimate user" has the meaning assigned by
29	29	21 U.S.C. Section 802.
30	30	SECTION 2. Section 442A.002, Health and Safety Code, is
31	31	amended to read as follows:
32	32	Sec. 442A.002. PRESCRIPTION DRUG SAFE DISPOSAL PILOT
33	33	PROGRAM. The commission [board] by rule shall develop and
34	34	implement a prescription drug safe disposal pilot program to
35	35	increase the number of collection receptacles [locations] in this
36	36	state where unused, unwanted, or expired prescription drugs are
37	37	collected from the public for safe disposal.
38	38	SECTION 3. Section 442A.051, Health and Safety Code, is
39	39	amended to read as follows:
40	40	Sec. 442A.051. PHARMACY ELIGIBILITY. A pharmacy operating
41	41	in this state may apply to the commission [board] to participate in
42	42	the pilot program if the pharmacy:
43	43	(1) is eligible to register [registered] as an
44	44	authorized drug collection site with the United States Drug
45	45	Enforcement Administration; and
46	46	(2) [is not the subject of state or federal opioid
47	47	litigation; and
48	48	[(3)] meets the eligibility requirements established
49	49	by 21 C.F.R. Section 1317.40 [and board rules].
50	50	SECTION 4. Section 442A.052, Health and Safety Code, is
51	51	amended to read as follows:
52	52	Sec. 442A.052. APPLICATION AND SELECTION PROCESSES. (a)
53	53	The commission [board] shall prescribe [adopt rules prescribing:
54	54	[(1)] the form and manner for a pharmacy to apply for
55	55	participation in the pilot program[; and
56	56	[(2) evaluation and selection criteria and
57	57	processes].
58	58	[(b)] The commission [board] shall give priority for
59	59	participation in the pilot program to a pharmacy applicant that:
60	60	(1) does not collect unused ultimate user prescription
61	61	drugs under 21 C.F.R. Part 1317 at the time the applicant submits
62	62	the application; or
63	63	(2) is located in a rural or underserved area the
64	64	commission [board] designates.
65	65	(c) A pharmacy that operates multiple locations may [must]
66	66	submit one [an] application to apply for the program for all of the
67	67	locations, provided the application includes information specific
68	68	to each location, including the physical address, phone number,
69	69	location name, and pharmacy manager's name [for each location].
70	70	Each location is separately evaluated for prioritization under
71	71	Subsection (a).
72	72	SECTION 5. Section 442A.053(b), Health and Safety Code, is
73	73	amended to read as follows:
74	74	(b) Controlled substance prescription drugs, [and]
75	75	noncontrolled substance prescription drugs, and over-the-counter
76	76	drugs may be collected together and comingled.
77	77	SECTION 6. Section 442A.055, Health and Safety Code, is
78	78	amended to read as follows:
79	79	Sec. 442A.055. PHARMACY MANAGEMENT; RECORDS. A
80	80	participating pharmacy is responsible for the daily management and
81	81	recordkeeping of the pharmacy's prescription drug safe disposal
82	82	program in accordance with the pharmacy's United States Drug
83	83	Enforcement Administration registration [and board rules].
84	84	SECTION 7. The heading to Subchapter C, Chapter 442A,
85	85	Health and Safety Code, is amended to read as follows:
86	86	SUBCHAPTER C. COMMISSION [BOARD] DUTIES
87	87	SECTION 8. Section 442A.101, Health and Safety Code, is
88	88	amended to read as follows:
89	89	Sec. 442A.101. PILOT PROGRAM INCENTIVES. (a) The
90	90	commission [board] shall assist each pharmacy participating in the
91	91	pilot program, including by paying [the costs of]:
92	92	(1) the costs of maintaining one collection receptacle
93	93	at each participating pharmacy location and destroying through
94	94	incineration of the receptacle's full inner liner the prescription
95	95	drugs deposited in the receptacle; and
96	96	(2) a one-time fee to offset the initial costs of
97	97	program participation [ordering and distributing pre-addressed,
98	98	return postage paid mail-back envelopes from a third-party
99	99	mail-back program and destroying through incineration the returned
100	100	mail-back envelopes containing the collected prescription drugs;
101	101	and
102	102	[(3) other operational needs the board determines
103	103	appropriate].
104	104	(b) The commission may contract with a United States Drug
105	105	Enforcement Administration reverse distributor to install the
106	106	collection receptacles at participating pharmacy locations and to
107	107	treat at an incineration facility registered with the United States
108	108	Drug Enforcement Administration the waste collected through the
109	109	receptacles [board:
110	110	[(1) shall directly reimburse a participating
111	111	pharmacy for costs the pharmacy incurs under Subsection (a); and
112	112	[(2) may not reimburse a participating pharmacy for
113	113	the cost of using a third-party incineration facility unless the
114	114	facility is appropriately registered with the United States Drug
115	115	Enforcement Administration].
116	116	(c) [Subject to money available for purposes of this
117	117	chapter, the board may provide financial incentives to a pharmacy
118	118	to continue providing prescription drug collection services or
119	119	expand those services to accommodate controlled substance
120	120	prescriptions.] The commission [board] may provide financial
121	121	incentives to a chain retail pharmacy for not more than 15
122	122	locations.
123	123	SECTION 9. Section 442A.102, Health and Safety Code, is
124	124	amended to read as follows:
125	125	Sec. 442A.102. COMMUNITY OUTREACH. (a) The commission
126	126	[board] shall:
127	127	(1) develop and distribute educational outreach
128	128	materials for the public about the availability of safe
129	129	prescription drug disposal in this state;
130	130	(2) post the materials on the commission's [board's]
131	131	Internet website; [and]
132	132	(3) provide the materials to other state agencies,
133	133	including the Texas State Board of Pharmacy, for those agencies to
134	134	conduct the community outreach; and
135	135	(4) create education materials for voluntary use by a
136	136	participating pharmacy.
137	137	(b) The educational outreach materials must be in English,
138	138	Spanish, and for specific areas of this state as the commission
139	139	[board] determines appropriate, another language spoken by a
140	140	substantial portion of the area's residents.
141	141	SECTION 10. Section 442A.103, Health and Safety Code, is
142	142	amended to read as follows:
143	143	Sec. 442A.103. REPORT. Not later than December 1 of each
144	144	even-numbered year, the commission [board] shall submit to the
145	145	governor and the legislature a report that:
146	146	(1) summarizes the results of the pilot program,
147	147	including:
148	148	(A) the number and geographic distribution of
149	149	collection receptacles at participating pharmacies;
150	150	(B) the estimated amount of prescription drugs
151	151	collected by participating pharmacies under the program, measured
152	152	by:
153	153	(i) the number of inner liners fully filled
154	154	with collected prescription drugs and sent for incineration by the
155	155	pharmacies; and
156	156	(ii) [the number of mail-back envelopes
157	157	distributed by the pharmacies; and
158	158	[(iii)] the weight, measured in pounds, of
159	159	the[:
160	160	[(a)] inner liners described by
161	161	Subparagraph (i)[; and
162	162	[(b) returned mail-back envelopes
163	163	filled with collected prescription drugs];
164	164	(C) the cost of the pilot program;
165	165	(D) [amount of money distributed under the pilot
166	166	program and] the identity of each participating pharmacy to which
167	167	money is distributed; and
168	168	(E) [(D)] a description of the commission's
169	169	[board's] educational efforts and outcomes; and
170	170	(2) recommends whether the pilot program should
171	171	continue, be expanded, or terminate or whether the commission
172	172	[board] should permanently implement a prescription drug safe
173	173	disposal program.
174	174	SECTION 11. Section 442A.151, Health and Safety Code, is
175	175	amended to read as follows:
176	176	Sec. 442A.151. FUNDING. (a) Money contained in the opioid
177	177	abatement account established under Section 403.505, Government
178	178	Code[, as added by Chapter 781 (S.B. 1827), Acts of the 87th
179	179	Legislature, Regular Session, 2021], shall [may] be appropriated to
180	180	the commission [board] to fund the pilot program established under
181	181	this chapter.
182	182	(b) The commission [board] may collect gifts, grants, and
183	183	donations to fund the program.
184	184	SECTION 12. Section 442A.056, Health and Safety Code, is
185	185	repealed.
186	186	SECTION 13. As soon as practicable after the effective date
187	187	of this Act, the Texas Commission on Environmental Quality shall
188	188	implement the prescription drug safe disposal program developed
189	189	under Chapter 442A, Health and Safety Code, as required by this Act.
190	190	SECTION 14. This Act takes effect September 1, 2025.