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A BILL TO BE ENTITLED
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AN ACT
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relating to certain procedures for dispensing narcotic drugs by |
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prescription. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.074, Health and Safety Code, is |
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amended by amending Subsections (a) and (m) and adding Subsection |
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(m-1) 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 nonnarcotic controlled |
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substance to any person not known to the pharmacist, the pharmacist |
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intern, or the person authorized by the pharmacist to deliver the |
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controlled substance without first requiring identification of the |
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person taking possession of the controlled substance, except as |
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provided by Subsection (n); or |
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(6) permit the delivery of a narcotic drug to any |
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person taking possession of the drug without first requiring |
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identification in the form required by Subsection (m-1), except as |
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provided by Subsection (n). |
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(m) A pharmacist may permit the delivery of a controlled |
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substance, other than a narcotic drug, by an authorized delivery |
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person, by a person known to the pharmacist, a pharmacist intern, or |
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the authorized delivery person, or by mail to the person or address |
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of the person authorized by the prescription to receive the |
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controlled substance. If a pharmacist permits delivery of a |
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controlled substance under this subsection, the pharmacist shall |
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retain in the records of the pharmacy for a period of not less than |
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two years: |
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(1) the name of the authorized delivery person, if |
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delivery is made by that person; |
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(2) the name of the person known to the pharmacist, a |
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pharmacist intern, or the authorized delivery person if delivery is |
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made by that person; or |
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(3) the mailing address to which delivery is made, if |
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delivery is made by mail. |
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(m-1) A pharmacist may dispense or deliver, or permit the |
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delivery of, a narcotic drug to a person only if the person taking |
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possession of the drug provides the pharmacist with a form of |
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identification issued by this state, another state, the United |
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States, or a foreign government containing the person's photograph. |
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The pharmacist shall retain in the records of the pharmacy for a |
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period of not less than two years: |
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(1) the name of the person taking possession of the |
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drug; |
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(2) the form of identification presented; and |
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(3) the unique identifier number on the identification |
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presented, such as a driver's license number. |
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SECTION 2. The change in law made by this Act applies only |
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to a narcotic drug delivered on or after the effective date of this |
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Act. A narcotic drug delivered before the effective date of this |
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Act is covered by the law as it existed immediately before that |
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date, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |