Bill Text: TX HB5298 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a pilot program under which lockable, tamper-evident containers are used by participating pharmacies when dispensing schedule II controlled substances.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-24 - Referred to Public Health [HB5298 Detail]
Download: Texas-2023-HB5298-Introduced.html
| By: Guillen | H.B. No. 5298 | |
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| relating to a pilot program under which lockable, tamper-evident | ||
| containers are used by participating pharmacies when dispensing | ||
| schedule II controlled substances. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle A, Title 6, Health and Safety Code, is | ||
| amended by adding Chapter 442A to read as follows: | ||
| CHAPTER 442A. LOCKABLE CONTAINERS FOR SCHEDULE II CONTROLLED | ||
| SUBSTANCES PILOT PROGRAM | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 442A.01. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the Texas State Board of Pharmacy. | ||
| (2) "Controlled substance" has the meaning assigned by | ||
| Section 481.002. | ||
| (3) "Pharmacy" means a facility licensed under Chapter | ||
| 560, Occupations Code. | ||
| (3) "Special packaging" has the same meaning as in the | ||
| "Poison Prevention Packaging Act of 1970," 15 U.S.C. 1471. | ||
| (4) "Prescription drug" has the meaning assigned by | ||
| Section 551.003, Occupations Code. | ||
| (5) "Lockable container" means a container that meets | ||
| all three of the following requirements: (a)Has special packaging; | ||
| (b) has a locking mechanism that fits or affixes to the container | ||
| medication is dispensed in; (c) can be locked in the following ways: | ||
| (a) a container that uses a key or other object | ||
| capable of locking and unlocking the container; | ||
| (b) a container that requires a numeric or | ||
| alphanumeric code. | ||
| (6) "Tamper-evident container" means a container that | ||
| meets both of the following requirements: | ||
| (a) Has special packaging; | ||
| (b) Displays a visual sign when there is | ||
| unauthorized entry into the container or has a numerical display of | ||
| the time that the container was last opened. | ||
| (7) "Pilot program" means the tamper proof container | ||
| for schedule II substances pilot program established under this | ||
| chapter. | ||
| 442A.02. PILOT PROGRAM PARAMETERS. (a)The Board shall | ||
| operate a two-year pilot program under which schedule II controlled | ||
| substances in solid oral dosage formulations are dispensed by | ||
| participating pharmacies in lockable containers or tamper-evident | ||
| containers. Under the pilot program, the Board shall reimburse | ||
| participating pharmacies or provide grants for the expenses they | ||
| incur in participating in the program, including a fee determined | ||
| by the Board for dispensing all schedule II controlled substances | ||
| in solid oral dosage formulations in those containers. | ||
| (b) A pharmacist shall dispense a schedule II controlled | ||
| substance in a solid oral dosage formulation in a lockable | ||
| container or tamper-evident container unless the patient or an | ||
| individual acting on behalf of the patient requests that the drug | ||
| not be dispensed in such a container. | ||
| (c) Not later than six months after the pilot project ends, | ||
| the board shall prepare a report describing its findings regarding | ||
| the impact of the program. The board shall submit the report to the | ||
| Legislature. | ||
| (d) The pilot program shall be operated for two years or | ||
| until funds appropriated for the program are expended, whichever | ||
| occurs first. | ||
| (e) The board shall adopt rules prescribing: | ||
| (1) the form and scope of the pilot project; and | ||
| (2) the evaluation processes. | ||
| 442A.03. PHARMACY ELIGIBILITY. (a) Any pharmacy is | ||
| eligible may volunteer to participate in the pilot program by | ||
| notifying the Board. Each participating pharmacy shall: | ||
| (1) be registered with the United States Drug | ||
| Enforcement Administration; | ||
| (2) not be the subject of state or federal opioid | ||
| litigation; and | ||
| (3) meets the eligibility requirements established by | ||
| board rules. | ||
| SUBCHAPTER B. FUNDING | ||
| Sec. 442A.101 FUNDING. (a) Money contained in the opioid | ||
| abatement account established under Section 403.505, Government | ||
| Code, as added by Chapter 781 (S.B. 1827), Acts of the 87th | ||
| Legislature, Regular Session, 2021, may be appropriated to the | ||
| board to fund the pilot program established under this chapter. | ||
| (b) The board may collect gifts, grants, and donations to | ||
| fund the program. | ||
| SUBCHAPTER C. EXPIRATION | ||
| Sec. 442A.201. EXPIRATION. This chapter expires September | ||
| 1, 2029. | ||
| SECTION 2. As soon as practicable after the effective date | ||
| of this Act, the Texas State Board of Pharmacy shall implement the | ||
| controlled substance lockable cap pilot program developed under | ||
| Chapter 442A, Health and Safety Code, as added by this Act. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
