| |
| |
|
|
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. |