88R5594 CJD-D
 
  By: Capriglione H.B. No. 972
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to warning labels for opioid prescription drugs.
         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 an opioid unless the bottle or container
  in which the opioid is dispensed is affixed with a label warning of
  the addictive nature of opioids and the risks of respiratory
  depression and overdose as required by board rule under Section
  481.0761(l).
         SECTION 2.  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 an opioid be
  dispensed in a bottle or container affixed with a label warning
  users of the addictive nature of opioids and the risks of
  respiratory depression and overdose. The label must include
  language substantially similar to the following:
         "CAUTION: Opioid. Risk of Addiction, Respiratory Depression,
  and Overdose.".
         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, 2024.
         SECTION 4.  The change in law made by this Act applies only
  to a prescription for an opioid dispensed on or after March 1, 2024.
  A prescription dispensed before March 1, 2024, 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, 2023.