88R4442 CJD-D     By: Thierry H.B. No. 814       A BILL TO BE ENTITLED   AN ACT   relating to an acknowledgment on receipt of an opioid prescription   drug.          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 or deliver an opioid without:                      (A)  providing to the person taking possession of   the opioid the acknowledgment form described by Section 481.0761(l)   providing a warning about the risks of opioid addiction and   overdose;                      (B)  receiving from that person the signed   acknowledgment form; and                      (C)  maintaining the signed acknowledgment form   in the pharmacist's records.          SECTION 2.  Section 481.0761, Health and Safety Code, is   amended by adding Subsection (l) to read as follows:          (l)  The board by rule shall adopt an acknowledgment form   providing a warning about the risks of opioid addiction and   overdose to be signed by a person on receipt of an opioid.  The   acknowledgment form must include language substantially similar to   the following, in all capital letters and printed in 14-point font:          "WARNING: THIS DRUG IS AN OPIOID. THE USE OF AN OPIOID MAY   RESULT IN ADDICTION TO OPIOIDS AND DEATH.".          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.