Bill Text: TX HB3703 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the prescription of low-THC cannabis for medical use by certain qualified physicians to patients with certain medical conditions.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective immediately [HB3703 Detail]
Download: Texas-2019-HB3703-Enrolled.html
H.B. No. 3703 |
|
||
relating to the prescription of low-THC cannabis for medical use by | ||
certain qualified physicians to patients with certain medical | ||
conditions. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 169.001, Occupations Code, is amended by | ||
adding Subdivisions (1-a) and (6) and amending Subdivision (3) to | ||
read as follows: | ||
(1-a) "Incurable neurodegenerative disease" means a | ||
disease designated as an incurable neurodegenerative disease by | ||
rule of the executive commissioner of the Health and Human Services | ||
Commission, adopted in consultation with the National Institutes of | ||
Health. | ||
(3) "Low-THC cannabis" means the plant Cannabis sativa | ||
L., and any part of that plant or any compound, manufacture, salt, | ||
derivative, mixture, preparation, resin, or oil of that plant that | ||
contains[ |
||
[ |
||
tetrahydrocannabinols[ |
||
[ |
||
|
||
(6) "Terminal cancer" means cancer that meets the | ||
criteria for a terminal illness, as defined by Section 1003.051, | ||
Health and Safety Code. | ||
SECTION 2. Chapter 169, Occupations Code, is amended by | ||
adding Section 169.0011 and amending Sections 169.002, 169.003, and | ||
169.004 to read as follows: | ||
Sec. 169.0011. PRESCRIPTION FOR MEDICAL USE. A reference | ||
in this chapter, Chapter 487, Health and Safety Code, or other law | ||
to a prescription for medical use or a prescription for low-THC | ||
cannabis means an entry in the compassionate-use registry | ||
established under Section 487.054, Health and Safety Code. | ||
Sec. 169.002. PHYSICIAN QUALIFIED TO PRESCRIBE LOW-THC | ||
CANNABIS TO PATIENTS WITH CERTAIN MEDICAL CONDITIONS. (a) Only a | ||
physician qualified with respect to a patient's particular medical | ||
condition as provided by this section may prescribe low-THC | ||
cannabis in accordance with this chapter to treat the applicable | ||
medical condition. | ||
(b) A physician is qualified to prescribe low-THC cannabis | ||
with respect to a patient's particular medical condition [ |
||
|
||
(1) is licensed under this subtitle; | ||
(2) is board certified in a medical specialty relevant | ||
to the treatment of the patient's particular medical condition by a | ||
specialty board approved by the American Board of Medical | ||
Specialties or the Bureau of Osteopathic Specialists; and | ||
(3) dedicates a significant portion of clinical | ||
practice to the evaluation and treatment of the patient's | ||
particular medical condition [ |
||
[ |
||
[ |
||
|
||
[ |
||
[ |
||
|
||
|
||
[ |
||
[ |
||
|
||
[ |
||
|
||
Sec. 169.003. PRESCRIPTION OF LOW-THC CANNABIS. A | ||
physician described by Section 169.002 may prescribe low-THC | ||
cannabis to a patient [ |
||
(1) the patient is a permanent resident of the state; | ||
(2) the physician complies with the registration | ||
requirements of Section 169.004; and | ||
(3) the physician certifies to the department that: | ||
(A) the patient is diagnosed with: | ||
(i) [ |
||
(ii) a seizure disorder; | ||
(iii) multiple sclerosis; | ||
(iv) spasticity; | ||
(v) amyotrophic lateral sclerosis; | ||
(vi) autism; | ||
(vii) terminal cancer; or | ||
(viii) an incurable neurodegenerative | ||
disease; and | ||
(B) the physician determines the risk of the | ||
medical use of low-THC cannabis by the patient is reasonable in | ||
light of the potential benefit for the patient[ |
||
[ |
||
|
||
|
||
|
||
Sec. 169.004. LOW-THC CANNABIS PRESCRIBER REGISTRATION. | ||
(a) Before a physician qualified to prescribe low-THC cannabis | ||
under Section 169.002 may prescribe or renew a prescription for | ||
low-THC cannabis for a patient under this chapter, the physician | ||
must register as the prescriber for that patient in the | ||
compassionate-use registry maintained by the department under | ||
Section 487.054, Health and Safety Code. The physician's | ||
registration must indicate: | ||
(1) the physician's name; | ||
(2) the patient's name and date of birth; | ||
(3) the dosage prescribed to the patient; | ||
(4) the means of administration ordered for the | ||
patient; and | ||
(5) the total amount of low-THC cannabis required to | ||
fill the patient's prescription. | ||
(b) The department may not publish the name of a physician | ||
registered under this section unless permission is expressly | ||
granted by the physician. | ||
SECTION 3. Section 169.001(2), Occupations Code, is | ||
repealed. | ||
SECTION 4. Not later than December 1, 2019, the executive | ||
commissioner of the Health and Human Services Commission, in | ||
consultation with the National Institutes of Health, shall adopt | ||
rules designating diseases as incurable neurodegenerative diseases | ||
for which patients may be prescribed low-THC cannabis for medical | ||
use under Chapter 169, Occupations Code, as amended by this Act. | ||
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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3703 was passed by the House on May 8, | ||
2019, by the following vote: Yeas 133, Nays 10, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 3703 on May 24, 2019, by the following vote: Yeas 136, Nays 5, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3703 was passed by the Senate, with | ||
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |