Bill Text: TX SB404 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to prohibiting certain health care practitioners from providing alcoholic beverages to certain persons; imposing an administrative penalty.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2017-05-20 - Committee report sent to Calendars [SB404 Detail]
Download: Texas-2017-SB404-Comm_Sub.html
| 85R31006 KKR-D | ||
| By: Kolkhorst | S.B. No. 404 | |
| (Coleman) | ||
| Substitute the following for S.B. No. 404: No. | ||
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| relating to prohibiting certain health care practitioners from | ||
| providing alcoholic beverages to certain persons; imposing an | ||
| administrative penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle A, Title 3, Occupations Code, is | ||
| amended by adding Chapter 116 to read as follows: | ||
| CHAPTER 116. PROVIDING ALCOHOLIC BEVERAGES PROHIBITED | ||
| Sec. 116.001. DEFINITIONS. In this chapter: | ||
| (1) "Health care practitioner" means an individual | ||
| issued a license, certificate, registration, title, permit, or | ||
| other authorization under this title to engage in a health care | ||
| profession. | ||
| (2) "Licensing entity" means a department, | ||
| commission, board, office, authority, or other agency of the state | ||
| that regulates health care practitioners under this title. | ||
| Sec. 116.002. APPLICABILITY. This chapter applies only to | ||
| a health care practitioner who is authorized to: | ||
| (1) administer anesthesia or provide anesthesia | ||
| services in an outpatient setting, including the health care | ||
| practitioner's office; or | ||
| (2) prescribe or administer a prescription drug, as | ||
| defined by Section 551.003. | ||
| Sec. 116.003. PROVIDING ALCOHOLIC BEVERAGE PROHIBITED. | ||
| (a) Except as otherwise provided by Subsection (b), a health care | ||
| practitioner or an employee or agent of a health care practitioner | ||
| may not provide or otherwise make available to a patient or to a | ||
| person accompanying the patient in the health care practitioner's | ||
| office, including the patient's parent or guardian, an alcoholic | ||
| beverage subject to regulation under the Alcoholic Beverage Code. | ||
| (b) This section does not apply to: | ||
| (1) alcohol when used as, or contained in, a drug for | ||
| the diagnosis, cure, mitigation, treatment, or prevention of | ||
| illness, injury, or disease; or | ||
| (2) an alcoholic beverage provided or otherwise made | ||
| available at a social event held in a health care practitioner's | ||
| office outside of normal business hours. | ||
| (c) A licensing entity may adopt rules necessary to | ||
| implement this chapter. | ||
| Sec. 116.004. IMPOSITION OF ADMINISTRATIVE PENALTY. The | ||
| appropriate licensing entity may impose an administrative penalty | ||
| against a health care practitioner who violates Section 116.003 or | ||
| a rule or order adopted under that section. | ||
| SECTION 2. This Act takes effect September 1, 2017. | ||
