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A BILL TO BE ENTITLED
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AN ACT
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relating to a pilot program under which lockable, tamper-evident |
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containers are used by participating pharmacies when dispensing |
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schedule II controlled substances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 6, Health and Safety Code, is |
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amended by adding Chapter 442A to read as follows: |
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CHAPTER 442A. LOCKABLE CONTAINERS FOR SCHEDULE II CONTROLLED |
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SUBSTANCES PILOT PROGRAM |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 442A.01. DEFINITIONS. In this chapter: |
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(1) "Board" means the Texas State Board of Pharmacy. |
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(2) "Controlled substance" has the meaning assigned by |
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Section 481.002. |
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(3) "Pharmacy" means a facility licensed under Chapter |
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560, Occupations Code. |
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(3) "Special packaging" has the same meaning as in the |
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"Poison Prevention Packaging Act of 1970," 15 U.S.C. 1471. |
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(4) "Prescription drug" has the meaning assigned by |
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Section 551.003, Occupations Code. |
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(5) "Lockable container" means a container that meets |
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all three of the following requirements: (a)Has special packaging; |
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(b) has a locking mechanism that fits or affixes to the container |
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medication is dispensed in; (c) can be locked in the following ways: |
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(a) a container that uses a key or other object |
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capable of locking and unlocking the container; |
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(b) a container that requires a numeric or |
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alphanumeric code. |
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(6) "Tamper-evident container" means a container that |
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meets both of the following requirements: |
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(a) Has special packaging; |
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(b) Displays a visual sign when there is |
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unauthorized entry into the container or has a numerical display of |
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the time that the container was last opened. |
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(7) "Pilot program" means the tamper proof container |
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for schedule II substances pilot program established under this |
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chapter. |
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442A.02. PILOT PROGRAM PARAMETERS. (a)The Board shall |
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operate a two-year pilot program under which schedule II controlled |
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substances in solid oral dosage formulations are dispensed by |
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participating pharmacies in lockable containers or tamper-evident |
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containers. Under the pilot program, the Board shall reimburse |
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participating pharmacies or provide grants for the expenses they |
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incur in participating in the program, including a fee determined |
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by the Board for dispensing all schedule II controlled substances |
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in solid oral dosage formulations in those containers. |
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(b) A pharmacist shall dispense a schedule II controlled |
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substance in a solid oral dosage formulation in a lockable |
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container or tamper-evident container unless the patient or an |
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individual acting on behalf of the patient requests that the drug |
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not be dispensed in such a container. |
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(c) Not later than six months after the pilot project ends, |
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the board shall prepare a report describing its findings regarding |
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the impact of the program. The board shall submit the report to the |
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Legislature. |
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(d) The pilot program shall be operated for two years or |
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until funds appropriated for the program are expended, whichever |
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occurs first. |
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(e) The board shall adopt rules prescribing: |
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(1) the form and scope of the pilot project; and |
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(2) the evaluation processes. |
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442A.03. PHARMACY ELIGIBILITY. (a) Any pharmacy is |
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eligible may volunteer to participate in the pilot program by |
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notifying the Board. Each participating pharmacy shall: |
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(1) be registered with the United States Drug |
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Enforcement Administration; |
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(2) not be the subject of state or federal opioid |
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litigation; and |
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(3) meets the eligibility requirements established by |
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board rules. |
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SUBCHAPTER B. FUNDING |
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Sec. 442A.101 FUNDING. (a) Money contained in the opioid |
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abatement account established under Section 403.505, Government |
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Code, as added by Chapter 781 (S.B. 1827), Acts of the 87th |
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Legislature, Regular Session, 2021, may be appropriated to the |
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board to fund the pilot program established under this chapter. |
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(b) The board may collect gifts, grants, and donations to |
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fund the program. |
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SUBCHAPTER C. EXPIRATION |
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Sec. 442A.201. EXPIRATION. This chapter expires September |
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1, 2029. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Texas State Board of Pharmacy shall implement the |
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controlled substance lockable cap pilot program developed under |
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Chapter 442A, Health and Safety Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |