Bill Text: TX HB815 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to distinctive packaging for opioid prescription drugs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-01 - Referred to Public Health [HB815 Detail]
Download: Texas-2023-HB815-Introduced.html
| 88R4441 CJD-D | ||
| By: Thierry | H.B. No. 815 | |
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| relating to distinctive packaging for opioid prescription 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 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, 2024. | ||
| SECTION 5. 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 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, 2023. | ||
