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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 under the Texas |
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Compassionate Use Program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 169.002, Occupations Code, is amended to |
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read as follows: |
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Sec. 169.002. PHYSICIAN QUALIFIED TO PRESCRIBE LOW-THC |
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CANNABIS [TO PATIENTS WITH CERTAIN MEDICAL CONDITIONS]. (a) Only a |
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physician qualified [with respect to a patient's particular medical |
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condition] as provided by this section may prescribe low-THC |
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cannabis in accordance with this chapter [to treat the applicable |
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medical condition]. |
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(b) A physician is qualified to prescribe low-THC cannabis |
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to alleviate the symptoms of [with respect to] a patient's |
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particular medical condition or the symptoms caused by other |
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treatments for that medical condition if the physician: |
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(1) is licensed under this subtitle; |
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(2) is board certified in a medical specialty relevant |
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to the treatment of the patient's particular medical condition by a |
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specialty board approved by the American Board of Medical |
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Specialties or the Bureau of Osteopathic Specialists; and |
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(3) dedicates a significant portion of clinical |
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practice to the evaluation and treatment of the patient's |
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particular medical condition, and the treatment of symptoms caused |
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by that medical condition and by other treatments for that medical |
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condition. |
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SECTION 2. 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 a patient 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 a medical |
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condition that produces symptoms, or the treatment of which |
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produces symptoms, that are alleviated by medical use of low-THC |
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cannabis [: |
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[(i) epilepsy; |
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[(ii) a seizure disorder; |
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[(iii) multiple sclerosis; |
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[(iv) spasticity; |
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[(v) amyotrophic lateral sclerosis; |
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[(vi) autism; |
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[(vii) terminal cancer; or |
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[(viii) an incurable neurodegenerative |
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disease]; and |
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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. |
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SECTION 3. Sections 169.001(1-a) and (6), Occupations Code, |
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are repealed. |
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SECTION 4. This Act takes effect September 1, 2021. |