Bill Text: TX HB536 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to distinctive packaging for opioid drugs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-20 - Referred to Public Health [HB536 Detail]
Download: Texas-2019-HB536-Introduced.html
86R4204 JSC-D | ||
By: Thierry | H.B. No. 536 |
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relating to distinctive packaging for opioid drugs. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act shall be known as the Red Cap Opioid | ||
Safety Act. | ||
SECTION 2. 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 not in the | ||
distinctive packaging required by board rules adopted under Section | ||
481.0761(l). | ||
SECTION 3. Section 481.0761, Health and Safety Code, is | ||
amended by adding Subsection (l) to read as follows: | ||
(l) The board shall adopt rules requiring that a | ||
prescription for an opioid be dispensed in a bottle with a | ||
distinctive red cap or, if the opioid is dispensed in a container | ||
other than a bottle, in a container bearing a conspicuous red label. | ||
SECTION 4. 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 5. The change in law made by this Act applies only | ||
to a prescription 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 6. 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. |