|   | 
      
      
        |   | 
      
      
        |   | 
      
      
        | 
           
			 | 
        
          AN ACT
         | 
      
      
        | 
           
			 | 
        relating to providing information and other resources regarding  | 
      
      
        | 
           
			 | 
        safe disposal of Schedule II controlled substance prescription  | 
      
      
        | 
           
			 | 
        drugs. | 
      
      
        | 
           
			 | 
               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
        | 
           
			 | 
               SECTION 1.  Section 481.075, Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended by adding Subsections (n), (o), and (p) to read as follows: | 
      
      
        | 
           
			 | 
               (n)  A person dispensing a Schedule II controlled substance  | 
      
      
        | 
           
			 | 
        under a prescription shall provide written notice, as defined by  | 
      
      
        | 
           
			 | 
        board rule adopted under Subsection (o), on the safe disposal of  | 
      
      
        | 
           
			 | 
        controlled substance prescription drugs, unless: | 
      
      
        | 
           
			 | 
                     (1)  the Schedule II controlled substance prescription  | 
      
      
        | 
           
			 | 
        drug is dispensed at a pharmacy or other location that: | 
      
      
        | 
           
			 | 
                           (A)  is authorized to take back those drugs for  | 
      
      
        | 
           
			 | 
        safe disposal; and | 
      
      
        | 
           
			 | 
                           (B)  regularly accepts those drugs for safe  | 
      
      
        | 
           
			 | 
        disposal; or | 
      
      
        | 
           
			 | 
                     (2)  the dispenser provides to the person to whom the  | 
      
      
        | 
           
			 | 
        Schedule II controlled substance prescription drug is dispensed, at  | 
      
      
        | 
           
			 | 
        the time of dispensation and at no cost to the person: | 
      
      
        | 
           
			 | 
                           (A)  a mail-in pouch for surrendering unused  | 
      
      
        | 
           
			 | 
        controlled substance prescription drugs; or | 
      
      
        | 
           
			 | 
                           (B)  chemicals to render any unused drugs unusable  | 
      
      
        | 
           
			 | 
        or non-retrievable. | 
      
      
        | 
           
			 | 
               (o)  The board shall adopt rules to prescribe the form of the  | 
      
      
        | 
           
			 | 
        written notice on the safe disposal of controlled substance  | 
      
      
        | 
           
			 | 
        prescription drugs required under Subsection (n).  The notice must  | 
      
      
        | 
           
			 | 
        include information on locations at which Schedule II controlled  | 
      
      
        | 
           
			 | 
        substance prescription drugs are accepted for safe disposal.  The  | 
      
      
        | 
           
			 | 
        notice, in lieu of listing those locations, may provide the address  | 
      
      
        | 
           
			 | 
        of an Internet website specified by the board that provides a  | 
      
      
        | 
           
			 | 
        searchable database of locations at which Schedule II controlled  | 
      
      
        | 
           
			 | 
        substance prescription drugs are accepted for safe disposal. | 
      
      
        | 
           
			 | 
               (p)  The board may take disciplinary action against a person  | 
      
      
        | 
           
			 | 
        who fails to comply with Subsection (n). | 
      
      
        | 
           
			 | 
               SECTION 2.  Section 481.075(n), Health and Safety Code, as  | 
      
      
        | 
           
			 | 
        added by this Act, applies only to a controlled substance  | 
      
      
        | 
           
			 | 
        prescription drug dispensed on or after January 1, 2020. | 
      
      
        | 
           
			 | 
               SECTION 3.  This Act takes effect September 1, 2019. | 
      
      
        |   | 
      
      
        |   | 
      
      
        |   | 
        ______________________________ | 
        ______________________________ | 
      
      
        |   | 
           President of the Senate | 
        Speaker of the House      | 
      
      
        |   | 
      
      
        |   | 
      
      
        | 
           		
			 | 
               I certify that H.B. No. 2088 was passed by the House on May 3,  | 
      
      
        | 
           		
			 | 
        2019, by the following vote:  Yeas 138, Nays 4, 2 present, not  | 
      
      
        | 
           		
			 | 
        voting. | 
      
      
        | 
           		
			 | 
         | 
      
      
        | 
           		
			 | 
        ______________________________ | 
      
      
        | 
           		
			 | 
        Chief Clerk of the House    | 
      
      
        |   | 
      
      
        |   | 
      
      
        | 
           		
			 | 
               I certify that H.B. No. 2088 was passed by the Senate on May  | 
      
      
        | 
           		
			 | 
        22, 2019, by the following vote:  Yeas 31, Nays 0. | 
      
      
        | 
           		
			 | 
         | 
      
      
        | 
           		
			 | 
        ______________________________ | 
      
      
        | 
           		
			 | 
        Secretary of the Senate     | 
      
      
        | 
           		
			 | 
        APPROVED:  _____________________ | 
      
      
        | 
           		
			 | 
                           Date           | 
      
      
        | 
           		
			 | 
          | 
      
      
        | 
           		
			 | 
                  _____________________ | 
      
      
        | 
           		
			 | 
                         Governor        |