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A BILL TO BE ENTITLED
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AN ACT
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relating to prescribing low-THC cannabis to certain patients for |
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compassionate use. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 169.001(2), Occupations Code, is amended |
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to read as follows: |
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(2) "Epilepsy" has the meaning assigned by Section |
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40.001, Health and Safety Code ["Intractable epilepsy" means a
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seizure disorder in which the patient's seizures have been treated
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by two or more appropriately chosen and maximally titrated
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antiepileptic drugs that have failed to control the seizures]. |
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SECTION 2. Section 169.002(b), Occupations Code, is amended |
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to read as follows: |
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(b) A physician is qualified to prescribe low-THC cannabis |
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to a patient with [intractable] epilepsy if the physician: |
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(1) is licensed under this subtitle; |
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(2) dedicates a significant portion of clinical |
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practice to the evaluation and treatment of epilepsy; and |
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(3) is certified: |
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(A) by the American Board of Psychiatry and |
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Neurology in: |
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(i) epilepsy; or |
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(ii) neurology or neurology with special |
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qualification in child neurology and is otherwise qualified for the |
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examination for certification in epilepsy; or |
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(B) in neurophysiology by: |
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(i) the American Board of Psychiatry and |
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Neurology; or |
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(ii) the American Board of Clinical |
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Neurophysiology. |
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SECTION 3. Section 169.003, Occupations Code, is amended to |
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read as follows: |
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Sec. 169.003. PRESCRIPTION OF LOW-THC CANNABIS. A physician |
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described by Section 169.002 may prescribe low-THC cannabis to |
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alleviate a patient |
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's seizures if: |
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(1) the patient is a permanent resident of the state; |
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(2) the physician complies with the registration |
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requirements of Section 169.004; and |
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(3) the physician certifies to the department that: |
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(A) the patient is diagnosed with [intractable] |
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epilepsy; |
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(B) the physician determines the risk of the |
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medical use of low-THC cannabis by the patient is reasonable in |
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light of the potential benefit for the patient; and |
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(C) a second physician qualified to prescribe |
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low-THC cannabis under Section 169.002 has concurred with the |
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determination under Paragraph (B), and the second physician's |
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concurrence is recorded in the patient's medical record. |
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SECTION 4. This Act takes effect September 1, 2019. |