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A BILL TO BE ENTITLED
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AN ACT
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relating to distinctive packaging for opioid prescription drugs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Red Cap Opioid |
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Safety Act. |
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SECTION 2. Section 481.074(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A pharmacist may not: |
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(1) dispense or deliver a controlled substance or |
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cause a controlled substance to be dispensed or delivered under the |
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pharmacist's direction or supervision except under a valid |
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prescription and in the course of professional practice; |
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(2) dispense a controlled substance if the pharmacist |
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knows or should have known that the prescription was issued without |
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a valid patient-practitioner relationship; |
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(3) fill a prescription that is not prepared or issued |
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as prescribed by this chapter; |
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(4) permit or allow a person who is not a licensed |
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pharmacist or pharmacist intern to dispense, distribute, or in any |
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other manner deliver a controlled substance even if under the |
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supervision of a pharmacist, except that after the pharmacist or |
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pharmacist intern has fulfilled his professional and legal |
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responsibilities, a nonpharmacist may complete the actual cash or |
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credit transaction and delivery; [or] |
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(5) permit the delivery of a controlled substance to |
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any person not known to the pharmacist, the pharmacist intern, or |
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the person authorized by the pharmacist to deliver the controlled |
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substance without first requiring identification of the person |
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taking possession of the controlled substance, except as provided |
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by Subsection (n); or |
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(6) dispense or deliver an opioid not in the |
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distinctive packaging required by board rules adopted under Section |
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481.0761(l). |
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SECTION 3. Section 481.0761, Health and Safety Code, is |
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amended by adding Subsection (l) to read as follows: |
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(l) The board shall adopt rules requiring that an opioid be |
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dispensed in a bottle with a distinctive red cap or, if the opioid |
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is dispensed in a container other than a bottle, in a container |
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bearing a conspicuous red label. |
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SECTION 4. The Texas State Board of Pharmacy shall adopt the |
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rules required under Section 481.0761(l), Health and Safety Code, |
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as added by this Act, not later than January 1, 2024. |
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SECTION 5. The change in law made by this Act applies only |
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to a prescription for an opioid dispensed on or after March 1, 2024. |
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A prescription dispensed before March 1, 2024, is governed by the |
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law in effect immediately before the effective date of this Act, and |
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the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |