Bill Text: TX SB1756 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the substitution by a pharmacist of certain opioid analgesic drugs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-23 - Not again placed on intent calendar [SB1756 Detail]
Download: Texas-2011-SB1756-Comm_Sub.html
By: Uresti | S.B. No. 1756 | |
(In the Senate - Filed March 11, 2011; March 23, 2011, read | ||
first time and referred to Committee on Health and Human Services; | ||
May 13, 2011, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 8, Nays 0; May 13, 2011, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1756 | By: Uresti |
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relating to the substitution by a pharmacist of certain opioid | ||
analgesic drugs. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 562, Occupations Code, is | ||
amended by adding Section 562.016 to read as follows: | ||
Sec. 562.016. SUBSTITUTION OF CERTAIN OPIOID DRUGS. | ||
(a) In this section, "opioid analgesic drug" means a drug in the | ||
opioid analgesic drug class that is prescribed to treat moderate to | ||
severe pain or other conditions, including: | ||
(1) immediate-release and extended-release forms of | ||
the drug; and | ||
(2) drugs formed by a combination of drugs, one of | ||
which is an opioid analgesic. | ||
(b) The board by rule shall establish a list of opioid | ||
analgesic drugs that: | ||
(1) incorporate a tamper-resistant technology; and | ||
(2) have been approved by the United States Food and | ||
Drug Administration from an application that included at least: | ||
(A) one human tampering or abuse potential study; | ||
or | ||
(B) a laboratory study comparing the | ||
tamper-resistant or abuse-resistant properties of the drug to a | ||
control opioid analgesic drug approved by the United States Food | ||
and Drug Administration. | ||
(c) The board shall include on the list under Subsection (b) | ||
a determination of which listed opioid analgesic drugs provide | ||
substantially similar tamper-resistant properties, based on the | ||
study described by Subsection (b)(2). | ||
(d) Notwithstanding Section 562.008, a pharmacist may not | ||
substitute an opioid analgesic drug unless the pharmacist: | ||
(1) verifies: | ||
(A) from the list under Subsection (b) that the | ||
substituted opioid analgesic drug has substantially similar | ||
tamper-resistant properties to the originally prescribed drug; and | ||
(B) from the most recent version of the United | ||
States Food and Drug Administration publication Approved Drug | ||
Products with Therapeutic Equivalence Evaluations that the | ||
substituted drug is considered to be equivalent to the prescribed | ||
drug; or | ||
(2) obtains consent for the substitution from the | ||
prescribing physician. | ||
SECTION 2. The Texas State Board of Pharmacy shall adopt the | ||
rules necessary to implement Section 562.016, Occupations Code, as | ||
added by this Act, not later than December 1, 2011. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
an opioid analgesic drug dispensed on or after January 1, 2012. | ||
SECTION 4. This Act takes effect September 1, 2011. | ||
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