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  85R2049 KKR-D
 
  By: Kolkhorst S.B. No. 404
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting health care practitioners from providing
  alcoholic beverages to certain persons; imposing an administrative
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 3, Occupations Code, is
  amended by adding Chapter 116 to read as follows:
  CHAPTER 116. PROVIDING ALCOHOLIC BEVERAGES PROHIBITED
         Sec. 116.001.  DEFINITIONS. In this chapter:
               (1)  "Health care practitioner" means an individual
  issued a license, certificate, registration, title, permit, or
  other authorization under this title to engage in a health care
  profession.
               (2)  "Licensing entity" means a department,
  commission, board, office, authority, or other agency of the state
  that regulates health care practitioners under this title.
         Sec. 116.002.  PROVIDING ALCOHOLIC BEVERAGE PROHIBITED. (a)  
  Except as otherwise provided by Subsection (b), a health care
  practitioner or an employee or agent of a health care practitioner
  may not provide or otherwise make available to a patient or to a
  person accompanying the patient in the health care practitioner's
  office, including the patient's parent or guardian, an alcoholic
  beverage subject to regulation under the Alcoholic Beverage Code.
         (b)  This section does not apply to alcohol when used as, or
  contained in, a drug for the diagnosis, cure, mitigation,
  treatment, or prevention of illness, injury, or disease.
         (c)  A licensing entity may adopt rules necessary to
  implement this chapter.
         Sec. 116.003.  IMPOSITION OF ADMINISTRATIVE PENALTY. The
  appropriate licensing entity may impose an administrative penalty
  against a health care practitioner who violates Section 116.002 or
  a rule or order adopted under that section.
         SECTION 2.  This Act takes effect September 1, 2017.