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A BILL TO BE ENTITLED
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AN ACT
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relating to limitations on filling prescriptions for certain opioid |
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pain medications; adding prohibitions subject to a criminal |
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penalty. |
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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 Subsection (a) and adding Subsections (a-1), |
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(r), and (s) 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 controlled substance to |
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any person not known to the pharmacist, the pharmacist intern, or |
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the person authorized by the pharmacist to deliver the controlled |
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substance without first requiring identification of the person |
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taking possession of the controlled substance, except as provided |
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by Subsection (n); or |
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(6) dispense or deliver an opioid pain medication, or |
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cause an opioid pain medication to be dispensed or delivered under |
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the pharmacist's direction or supervision, in a manner other than |
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as authorized under Subsection (r). |
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(a-1) In this section, "opioid pain medication" means a |
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controlled substance listed in Section 481.102 that is an opiate or |
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opium derivative and that a licensed physician has prescribed to a |
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patient for the treatment of pain. |
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(r) Notwithstanding Subsection (d-1) and except as |
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otherwise provided by this subsection, a pharmacist may not |
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dispense or deliver, or cause to be dispensed or delivered under the |
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pharmacist's direction or supervision, more than a 10-day supply of |
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an opioid pain medication for that patient in a 60-day period unless |
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the pharmacist receives a form adopted under Subsection (s) |
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indicating that the prescribing physician intends the patient to be |
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treated for pain for a period longer than 10 days or that the |
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patient requires treatment with opioid pain medication before the |
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expiration of the 60-day period beginning on the date the patient's |
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previous prescription for opioid pain medication was filled. A |
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pharmacist who receives a prescription for an amount of opioid pain |
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medication greater than a 10-day supply without receiving the |
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required form shall partially fill the prescription by dispensing |
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or delivering, or causing to be dispensed or delivered under the |
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pharmacist's direction or supervision, a 10-day supply for that |
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patient and shall inform the prescribing physician that the |
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remainder of the prescription is canceled in accordance with this |
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subsection. A pharmacist may not fill a prescription for opioid |
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pain medication for a patient before the expiration of the 60-day |
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period beginning on the date the patient's previous prescription |
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for opioid pain medication was filled without receiving the |
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required form. |
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(s) The director by rule shall adopt a form for purposes of |
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Subsection (r) and prescribe procedures governing the use of that |
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form by prescribing physicians and pharmacists. |
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SECTION 2. Not later than December 1, 2015, the public |
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safety director of the Department of Public Safety shall adopt the |
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form required under Section 481.074(s), Health and Safety Code, as |
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added by this Act. |
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SECTION 3. The change in law made by this Act applies only |
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to a prescription completely filled on or after January 1, 2016. A |
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prescription completely filled before January 1, 2016, is covered |
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by the law as it existed immediately before the effective date of |
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this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |