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A BILL TO BE ENTITLED
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AN ACT
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relating to a pilot program for the safe disposal of controlled |
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substance prescription drugs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 6, Health and Safety Code, is |
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amended by adding Chapter 442A to read as follows: |
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CHAPTER 442A. CONTROLLED SUBSTANCE PRESCRIPTION DRUG SAFE DISPOSAL |
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PILOT PROGRAM |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 442A.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the Texas State Board of Pharmacy. |
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(2) "Controlled substance" has the meaning assigned by |
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Section 481.002. |
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(3) "Pharmacy" means a facility licensed under Chapter |
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560, Occupations Code. |
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(4) "Pilot program" means the controlled substance |
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prescription drug safe disposal pilot program established under |
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this chapter. |
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(5) "Prescription drug" has the meaning assigned by |
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Section 551.003, Occupations Code. |
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Sec. 442A.002. CONTROLLED SUBSTANCE PRESCRIPTION DRUG SAFE |
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DISPOSAL PILOT PROGRAM. The board by rule shall develop and |
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implement a controlled substance prescription drug safe disposal |
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pilot program to increase the number of locations in this state in |
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which unused controlled substance prescription drugs are collected |
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from the public for safe disposal. |
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SUBCHAPTER B. PHARMACY PARTICIPATION |
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Sec. 442A.051. PHARMACY ELIGIBILITY. A pharmacy operating |
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in this state may apply to the board to participate in the pilot |
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program if the pharmacy: |
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(1) is registered with the United States Drug |
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Enforcement Administration; |
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(2) is not the subject of state or federal opioid |
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litigation; and |
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(3) meets the eligibility requirements established by |
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board rules. |
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Sec. 442A.052. APPLICATION AND SELECTION PROCESSES. (a) |
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The board shall adopt rules prescribing: |
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(1) the form and manner for a pharmacy to apply for |
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participation in the pilot program; and |
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(2) evaluation and selection criteria and processes. |
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(b) The board shall give priority to a pharmacy applicant |
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that: |
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(1) does not collect unused controlled substance |
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prescription drugs at the time the applicant submits the |
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application; or |
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(2) is located in a rural or underserved area the board |
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designates. |
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(c) A pharmacy that operates multiple locations must submit |
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an application for each location. |
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Sec. 442A.053. COLLECTION RECEPTACLE REQUIREMENTS. A |
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participating pharmacy that provides a collection receptacle for |
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the safe disposal of controlled substance prescription drugs shall |
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ensure the receptacle: |
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(1) meets the requirements of 21 C.F.R. Section |
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1317.75; |
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(2) is accessible during the pharmacy's regular hours |
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of operation; |
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(3) allows anonymous returns of unused controlled |
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substance prescription drugs; and |
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(4) provides disposal of unused controlled substance |
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prescription drugs at no cost to the person returning the drugs. |
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Sec. 442A.054. MAIL-BACK REQUIREMENTS. A participating |
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pharmacy that provides a mail-back program for the safe disposal of |
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controlled substance prescription drugs shall: |
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(1) ensure the program meets the requirements of 21 |
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C.F.R. Section 1317.70; and |
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(2) provide at the time the pharmacy dispenses a |
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controlled substance prescription drug, at no cost to the person to |
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whom the drug is prescribed, a mail-in pouch for the person to |
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| Statutes affected:
Introduced: ()