84R12117 GCB-D
 
  By: Capriglione H.B. No. 3200
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to limitations on filling prescriptions for certain opioid
  pain medications; adding prohibitions subject to a criminal
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 481.074, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsections (a-1),
  (r), and (s) to read as follows:
         (a)  A pharmacist may not:
               (1)  dispense or deliver a controlled substance or
  cause a controlled substance to be dispensed or delivered under the
  pharmacist's direction or supervision except under a valid
  prescription and in the course of professional practice;
               (2)  dispense a controlled substance if the pharmacist
  knows or should have known that the prescription was issued without
  a valid patient-practitioner relationship;
               (3)  fill a prescription that is not prepared or issued
  as prescribed by this chapter;
               (4)  permit or allow a person who is not a licensed
  pharmacist or pharmacist intern to dispense, distribute, or in any
  other manner deliver a controlled substance even if under the
  supervision of a pharmacist, except that after the pharmacist or
  pharmacist intern has fulfilled his professional and legal
  responsibilities, a nonpharmacist may complete the actual cash or
  credit transaction and delivery; [or]
               (5)  permit the delivery of a controlled substance to
  any person not known to the pharmacist, the pharmacist intern, or
  the person authorized by the pharmacist to deliver the controlled
  substance without first requiring identification of the person
  taking possession of the controlled substance, except as provided
  by Subsection (n); or
               (6)  dispense or deliver an opioid pain medication, or
  cause an opioid pain medication to be dispensed or delivered under
  the pharmacist's direction or supervision, in a manner other than
  as authorized under Subsection (r).
         (a-1)  In this section, "opioid pain medication" means a
  controlled substance listed in Section 481.102 that is an opiate or
  opium derivative and that a licensed physician has prescribed to a
  patient for the treatment of pain.
         (r)  Notwithstanding Subsection (d-1) and except as
  otherwise provided by this subsection, a pharmacist may not
  dispense or deliver, or cause to be dispensed or delivered under the
  pharmacist's direction or supervision, more than a 10-day supply of
  an opioid pain medication for that patient in a 60-day period unless
  the pharmacist receives a form adopted under Subsection (s)
  indicating that the prescribing physician intends the patient to be
  treated for pain for a period longer than 10 days or that the
  patient requires treatment with opioid pain medication before the
  expiration of the 60-day period beginning on the date the patient's
  previous prescription for opioid pain medication was filled. A
  pharmacist who receives a prescription for an amount of opioid pain
  medication greater than a 10-day supply without receiving the
  required form shall partially fill the prescription by dispensing
  or delivering, or causing to be dispensed or delivered under the
  pharmacist's direction or supervision, a 10-day supply for that
  patient and shall inform the prescribing physician that the
  remainder of the prescription is canceled in accordance with this
  subsection. A pharmacist may not fill a prescription for opioid
  pain medication for a patient before the expiration of the 60-day
  period beginning on the date the patient's previous prescription
  for opioid pain medication was filled without receiving the
  required form.
         (s)  The director by rule shall adopt a form for purposes of
  Subsection (r) and prescribe procedures governing the use of that
  form by prescribing physicians and pharmacists.
         SECTION 2.  Not later than December 1, 2015, the public
  safety director of the Department of Public Safety shall adopt the
  form required under Section 481.074(s), Health and Safety Code, as
  added by this Act.
         SECTION 3.  The change in law made by this Act applies only
  to a prescription completely filled on or after January 1, 2016. A
  prescription completely filled before January 1, 2016, is covered
  by the law as it existed immediately before the effective date of
  this Act, and the former law is continued in effect for that
  purpose.
         SECTION 4.  This Act takes effect September 1, 2015.