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A BILL TO BE ENTITLED
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AN ACT
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relating to the prescription of low-THC cannabis by certain |
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qualified physicians for certain patients diagnosed with a terminal |
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illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 169.001, Occupations Code, is amended by |
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adding Subdivisions (1-a) and (6) to read as follows: |
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(1-a) "Hospice-eligible patient" means a person with a |
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terminal illness whose life expectancy is six months or less, as |
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determined by the person's treating physician. |
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(6) "Terminal illness" has the meaning assigned by |
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Section 489.001, Health and Safety Code. |
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SECTION 2. Section 169.002, Occupations Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A physician is qualified to prescribe low-THC cannabis |
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to a hospice-eligible patient if the physician is licensed under |
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this subtitle and the physician: |
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(1) is certified in the subspecialty of medical |
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oncology by the American Board of Internal Medicine or the American |
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Osteopathic Board of Internal Medicine; |
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(2) is certified in the subspecialty of hospice and |
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palliative medicine by the American Board of Internal Medicine; or |
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(3) dedicates a significant portion of clinical |
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practice to the evaluation and treatment of patients with a |
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terminal illness. |
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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 |
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physician described by Section 169.002 may prescribe low-THC |
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cannabis to alleviate a patient's symptoms [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: |
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(i) intractable epilepsy; or |
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(ii) a terminal illness and is a |
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hospice-eligible patient; |
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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 for that patient under Section 169.002 has |
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concurred with the determination under Paragraph (B), and the |
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second physician's concurrence is recorded in the patient's medical |
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record. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |