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A BILL TO BE ENTITLED
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AN ACT
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relating to prescriptions for certain controlled substances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 481.074(g) and (h), Health and Safety |
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Code, are amended to read as follows: |
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(g) A person may not dispense a controlled substance in |
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Schedule III or IV that is a prescription drug under the Federal |
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Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.) without |
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a written, oral, or telephonically or electronically communicated |
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prescription of a practitioner defined by Section 481.002(39)(A) or |
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(D), except that the practitioner may dispense the substance |
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directly to an ultimate user. A prescription for a controlled |
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substance listed in Schedule III or IV may not be filled or refilled |
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later than six months after the date on which the prescription is |
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issued and may not be refilled more than five times, unless the |
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prescription is renewed by the practitioner. A prescription under |
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this subsection must comply with other applicable state and federal |
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laws. |
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(h) A pharmacist may dispense a controlled substance listed |
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in Schedule III, IV, or V under a [an original] written, oral, or |
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telephonically or electronically communicated prescription issued |
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by a practitioner defined by Section 481.002(39)(C) and only if the |
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pharmacist determines that the prescription was issued for a valid |
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medical purpose and in the course of professional practice. A |
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prescription issued under this subsection may not be filled or |
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refilled later than six months after the date the prescription is |
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issued[,] and [a prescription authorized to be refilled on the
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original prescription] may not be refilled more than five times, |
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unless the prescription is renewed by the practitioner. |
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SECTION 2. The changes in law made by this Act apply to |
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conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before that date is governed by the law in |
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effect when the conduct occurs, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |