Bill Text: TX HB563 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to an acknowledgement on receipt of an opioid prescription drug.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-20 - Referred to Public Health [HB563 Detail]

Download: Texas-2019-HB563-Introduced.html
  86R4202 JSC-D
 
  By: Thierry H.B. No. 563
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an acknowledgement on receipt of an opioid prescription
  drug.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 481.074(a), Health and Safety Code, is
  amended to read as follows:
         (a)  A pharmacist may not:
               (1)  dispense or deliver a controlled substance or
  cause a controlled substance to be dispensed or delivered under the
  pharmacist's direction or supervision except under a valid
  prescription and in the course of professional practice;
               (2)  dispense a controlled substance if the pharmacist
  knows or should have known that the prescription was issued without
  a valid patient-practitioner relationship;
               (3)  fill a prescription that is not prepared or issued
  as prescribed by this chapter;
               (4)  permit or allow a person who is not a licensed
  pharmacist or pharmacist intern to dispense, distribute, or in any
  other manner deliver a controlled substance even if under the
  supervision of a pharmacist, except that after the pharmacist or
  pharmacist intern has fulfilled his professional and legal
  responsibilities, a nonpharmacist may complete the actual cash or
  credit transaction and delivery; [or]
               (5)  permit the delivery of a controlled substance to
  any person not known to the pharmacist, the pharmacist intern, or
  the person authorized by the pharmacist to deliver the controlled
  substance without first requiring identification of the person
  taking possession of the controlled substance, except as provided
  by Subsection (n); or
               (6)  dispense or deliver an opioid without:
                     (A)  providing to the person taking possession of
  the opioid the acknowledgement form described by Section
  481.0761(l) providing a warning about the risks of opioid addiction
  and overdose;
                     (B)  receiving from that person the signed
  acknowledgement form; and
                     (C)  maintaining the signed acknowledgement form
  in the pharmacist's records.
         SECTION 2.  Section 481.0761, Health and Safety Code, is
  amended by adding Subsection (l) to read as follows:
         (l)  The board by rule shall adopt an acknowledgement form
  providing a warning about the risks of opioid addiction and
  overdose to be signed by a person on receipt of an opioid.  The
  acknowledgement form must include language substantially similar
  to the following, in all capital letters and printed in 14-point
  font:
         "WARNING: THIS DRUG IS AN OPIOID. THE USE OF AN OPIOID MAY
  RESULT IN ADDICTION TO OPIOIDS AND DEATH.".
         SECTION 3.  The Texas State Board of Pharmacy shall adopt the
  rules required under Section 481.0761(l), Health and Safety Code,
  as added by this Act, not later than January 1, 2020.
         SECTION 4.  The change in law made by this Act applies only
  to a prescription for an opioid dispensed on or after March 1, 2020.
  A prescription dispensed before March 1, 2020, is governed by the
  law in effect immediately before the effective date of this Act, and
  the former law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
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