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A BILL TO BE ENTITLED
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AN ACT
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relating to a pilot program for the safe disposal of prescription |
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drugs, including controlled substance prescription drugs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 442A.001, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 442A.001. DEFINITIONS. In this chapter: |
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(1) "Collection receptacle" means a receptacle as |
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described by 21 C.F.R. Section 1317.75 ["Board" means the Texas |
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State Board of Pharmacy]. |
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(2) "Commission" means the Health and Human Services |
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Commission. |
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(3) "Controlled substance" has the meaning assigned by |
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Section 481.002. |
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(4) "Department" means the Department of State Health |
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Services. |
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(5) [(3)] "Pharmacy" means a facility licensed under |
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Chapter 560, Occupations Code. |
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(6) [(4)] "Pilot program" means the prescription drug |
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safe disposal pilot program established under this chapter. |
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(7) [(5)] "Prescription drug" has the meaning |
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assigned by Section 551.003, Occupations Code. |
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(8) [(6)] "Ultimate user" has the meaning assigned by |
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21 U.S.C. Section 802. |
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SECTION 2. Section 442A.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 442A.002. PRESCRIPTION DRUG SAFE DISPOSAL PILOT |
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PROGRAM. The executive commissioner of the commission [board] by |
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rule shall develop and implement a prescription drug safe disposal |
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pilot program administered by the department to increase the number |
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of collection receptacles [locations] in this state where unused, |
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unwanted, or expired prescription drugs are collected from the |
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public for safe disposal. |
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SECTION 3. Section 442A.051, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 442A.051. PHARMACY ELIGIBILITY. A pharmacy operating |
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in this state may apply to the department [board] to participate in |
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the pilot program if the pharmacy: |
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(1) is eligible to register [registered] as an |
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authorized drug collection site with the United States Drug |
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Enforcement Administration; and |
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(2) [is not the subject of state or federal opioid |
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litigation; and |
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[(3)] meets the eligibility requirements established |
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by 21 C.F.R. Section 1317.40 [and board rules]. |
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SECTION 4. Section 442A.052, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 442A.052. APPLICATION AND SELECTION PROCESSES. (a) |
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The department [board] shall prescribe [adopt rules prescribing: |
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[(1)] the form and manner for a pharmacy to apply for |
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participation in the pilot program[; and |
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[(2) evaluation and selection criteria and |
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processes]. |
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[(b)] The department [board] shall give priority for |
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participation in the pilot program to a pharmacy applicant that: |
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(1) does not collect unused ultimate user prescription |
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drugs under 21 C.F.R. Part 1317 at the time the applicant submits |
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the application; or |
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(2) is located in a rural or underserved area the |
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department [board] designates. |
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(b) [(c)] A pharmacy that operates multiple locations may |
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[must] submit one [an] application to apply for the program for all |
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of the locations, provided the application contains information |
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specific to each location, including the physical address, phone |
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number, location name, and pharmacy manager's name [for each |
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location]. Each location is separately evaluated for |
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prioritization under Subsection (a). |
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SECTION 5. Section 442A.053(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Controlled substance prescription drugs, [and] |
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noncontrolled substance prescription drugs, and over-the-counter |
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drugs may be collected together and comingled. |
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SECTION 6. Section 442A.055, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 442A.055. PHARMACY MANAGEMENT; RECORDS. A |
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participating pharmacy is responsible for the daily management and |
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recordkeeping of the pharmacy's prescription drug safe disposal |
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program in accordance with the pharmacy's United States Drug |
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Enforcement Administration registration [and board rules]. |
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SECTION 7. The heading to Subchapter C, Chapter 442A, |
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Health and Safety Code, is amended to read as follows: |
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SUBCHAPTER C. DEPARTMENT [BOARD] DUTIES |
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SECTION 8. Sections 442A.101(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) The department [board] shall assist each pharmacy |
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participating in the pilot program, including by paying [the costs |
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of]: |
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(1) the costs of maintaining one collection receptacle |
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at each participating pharmacy location and destroying through |
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incineration of the receptacle's full inner liner containing the |
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prescription drugs collected [deposited] in the receptacle; and |
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(2) a one-time fee to offset the initial costs of |
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program participation [ordering and distributing pre-addressed, |
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return postage paid mail-back envelopes from a third-party |
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mail-back program and destroying through incineration the returned |
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mail-back envelopes containing the collected prescription drugs; |
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and |
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[(3) other operational needs the board determines |
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appropriate]. |
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(b) The department may contract with a reverse distributor |
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registered with the United States Drug Enforcement Administration |
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to install the collection receptacles at participating pharmacy |
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locations and to treat at an incineration facility registered with |
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the United States Drug Enforcement Administration the drugs |
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collected in the receptacles [board: |
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[(1) shall directly reimburse a participating |
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pharmacy for costs the pharmacy incurs under Subsection (a); and |
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[(2) may not reimburse a participating pharmacy for |
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the cost of using a third-party incineration facility unless the |
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facility is appropriately registered with the United States Drug |
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Enforcement Administration]. |
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SECTION 9. Section 442A.102, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 442A.102. COMMUNITY OUTREACH. (a) The department |
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[board] shall: |
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(1) develop and distribute educational outreach |
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materials for the public about the availability of safe |
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prescription drug disposal in this state; |
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(2) post the materials on the department's [board's] |
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Internet website; [and] |
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(3) provide the materials to other state agencies, |
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including the Texas State Board of Pharmacy, for those agencies to |
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conduct the community outreach; and |
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(4) create education materials for voluntary use by a |
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participating pharmacy. |
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(b) The educational outreach materials must be in English, |
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Spanish, and for specific areas of this state as the department |
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[board] determines appropriate, another language spoken by a |
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substantial portion of the area's residents. |
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SECTION 10. Section 442A.103, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 442A.103. REPORT. Not later than December 1 of each |
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even-numbered year, the department [board] shall submit to the |
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governor and the legislature a report that: |
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(1) summarizes the results of the pilot program, |
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including: |
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(A) the number and geographic distribution of |
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collection receptacles at participating pharmacies; |
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(B) the estimated amount of prescription drugs |
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collected by participating pharmacies under the program, measured |
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by: |
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(i) the number of inner liners fully filled |
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with collected prescription drugs and sent for incineration by the |
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pharmacies; and |
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(ii) [the number of mail-back envelopes |
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distributed by the pharmacies; and |
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[(iii)] the weight, measured in pounds, of |
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the[: |
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[(a)] inner liners described by |
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Subparagraph (i)[; and |
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[(b) returned mail-back envelopes |
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filled with collected prescription drugs]; |
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(C) the cost of the pilot program; |
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(D) [amount of money distributed under the pilot |
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program and] the identity of each participating pharmacy to which |
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money is distributed; and |
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(E) [(D)] a description of the department's |
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[board's] educational efforts and outcomes; and |
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(2) recommends whether the pilot program should |
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continue, be expanded, or terminate or whether the department |
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[board] should permanently implement a prescription drug safe |
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disposal program. |
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SECTION 11. Section 442A.151, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 442A.151. 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], shall [may] be appropriated to |
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the department [board] to fund the pilot program established under |
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this chapter. |
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(b) The department [board] may collect gifts, grants, and |
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donations to fund the program. |
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SECTION 12. Sections 442A.056 and 442A.101(c), Health and |
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Safety Code, are repealed. |
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SECTION 13. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules to allow the Department of |
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State Health Services to implement the prescription drug safe |
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disposal pilot program developed under Chapter 442A, Health and |
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Safety Code, as required by this Act. |
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SECTION 14. This Act takes effect September 1, 2025. |