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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting certain health care practitioners from |
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providing alcoholic beverages to certain persons; imposing an |
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administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 3, Occupations Code, is |
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amended by adding Chapter 116 to read as follows: |
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CHAPTER 116. PROVIDING ALCOHOLIC BEVERAGES PROHIBITED |
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Sec. 116.001. DEFINITIONS. In this chapter: |
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(1) "Health care practitioner" means an individual |
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issued a license, certificate, registration, title, permit, or |
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other authorization under this title to engage in a health care |
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profession. |
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(2) "Licensing entity" means a department, |
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commission, board, office, authority, or other agency of the state |
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that regulates health care practitioners under this title. |
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Sec. 116.002. APPLICABILITY. This chapter applies only to |
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a health care practitioner who is authorized to: |
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(1) administer anesthesia or provide anesthesia |
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services in an outpatient setting, including the health care |
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practitioner's office; or |
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(2) prescribe or administer a prescription drug, as |
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defined by Section 551.003. |
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Sec. 116.003. PROVIDING ALCOHOLIC BEVERAGE PROHIBITED. |
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(a) Except as otherwise provided by Subsection (b), a health care |
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practitioner or an employee or agent of a health care practitioner |
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may not provide or otherwise make available to a patient or to a |
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person accompanying the patient in the health care practitioner's |
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office, including the patient's parent or guardian, an alcoholic |
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beverage subject to regulation under the Alcoholic Beverage Code. |
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(b) This section does not apply to: |
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(1) alcohol when used as, or contained in, a drug for |
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the diagnosis, cure, mitigation, treatment, or prevention of |
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illness, injury, or disease; or |
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(2) an alcoholic beverage provided or otherwise made |
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available at a social event held in a health care practitioner's |
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office outside of normal business hours. |
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(c) A licensing entity may adopt rules necessary to |
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implement this chapter. |
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Sec. 116.004. IMPOSITION OF ADMINISTRATIVE PENALTY. The |
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appropriate licensing entity may impose an administrative penalty |
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against a health care practitioner who violates Section 116.003 or |
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a rule or order adopted under that section. |
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SECTION 2. This Act takes effect September 1, 2017. |