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 - Dead) 2019-02-20 - Referred to Public Health [HB563 Detail]
Download: Texas-2019-HB563-Introduced.html
86R4202 JSC-D | ||
By: Thierry | H.B. No. 563 |
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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; [ |
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(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. |