|
|
|
|
AN ACT
|
|
relating to prescriptions for certain controlled substances. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subsections (g) and (h), Section 481.074, Health |
|
and Safety Code, are amended to read as follows: |
|
(g) A person may not dispense a controlled substance in |
|
Schedule III or IV that is a prescription drug under the Federal |
|
Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.) without |
|
a written, oral, or telephonically or electronically communicated |
|
prescription of a practitioner defined by Section 481.002(39)(A) or |
|
(D), except that the practitioner may dispense the substance |
|
directly to an ultimate user. A prescription for a controlled |
|
substance listed in Schedule III or IV may not be filled or refilled |
|
later than six months after the date on which the prescription is |
|
issued and may not be refilled more than five times, unless the |
|
prescription is renewed by the practitioner. A prescription under |
|
this subsection must comply with other applicable state and federal |
|
laws. |
|
(h) A pharmacist may dispense a controlled substance listed |
|
in Schedule III, IV, or V under a [an original] written, oral, or |
|
telephonically or electronically communicated prescription issued |
|
by a practitioner defined by Section 481.002(39)(C) and only if the |
|
pharmacist determines that the prescription was issued for a valid |
|
medical purpose and in the course of professional practice. A |
|
prescription issued under this subsection may not be filled or |
|
refilled later than six months after the date the prescription is |
|
issued[,] and [a prescription authorized to be refilled on the
|
|
original prescription] may not be refilled more than five times, |
|
unless the prescription is renewed by the practitioner. |
|
SECTION 2. The changes in law made by this Act apply to |
|
conduct that occurs on or after the effective date of this Act. |
|
Conduct that occurs before that date is governed by the law in |
|
effect when the conduct occurs, and the former law is continued in |
|
effect for that purpose. |
|
SECTION 3. This Act takes effect September 1, 2007. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 994 passed the Senate on |
|
April 12, 2007, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 994 passed the House on |
|
May 23, 2007, by the following vote: Yeas 144, Nays 0, two |
|
present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |