S.B. No. 994
 
 
 
 
AN ACT
  relating to prescriptions for certain controlled substances.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsections (g) and (h), Section 481.074, Health
  and Safety Code, are amended to read as follows:
         (g)  A person may not dispense a controlled substance in
  Schedule III or IV that is a prescription drug under the Federal
  Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.) without
  a written, oral, or telephonically or electronically communicated
  prescription of a practitioner defined by Section 481.002(39)(A) or
  (D), except that the practitioner may dispense the substance
  directly to an ultimate user. A prescription for a controlled
  substance listed in Schedule III or IV may not be filled or refilled
  later than six months after the date on which the prescription is
  issued and may not be refilled more than five times, unless the
  prescription is renewed by the practitioner.  A prescription under
  this subsection must comply with other applicable state and federal
  laws.
         (h)  A pharmacist may dispense a controlled substance listed
  in Schedule III, IV, or V under a [an original] written, oral, or
  telephonically or electronically communicated prescription issued
  by a practitioner defined by Section 481.002(39)(C) and only if the
  pharmacist determines that the prescription was issued for a valid
  medical purpose and in the course of professional practice. A
  prescription issued under this subsection may not be filled or
  refilled later than six months after the date the prescription is
  issued[,] and [a prescription authorized to be refilled on the
  original prescription] may not be refilled more than five times,
  unless the prescription is renewed by the practitioner.
         SECTION 2.  The changes in law made by this Act apply to
  conduct that occurs on or after the effective date of this Act.
  Conduct that occurs before that date is governed by the law in
  effect when the conduct occurs, and the former law is continued in
  effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 994 passed the Senate on
  April 12, 2007, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 994 passed the House on
  May 23, 2007, by the following vote:  Yeas 144, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor