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  H.B. No. 2088
 
 
 
 
AN ACT
  relating to providing information and other resources regarding
  safe disposal of Schedule II controlled substance prescription
  drugs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 481.075, Health and Safety Code, is
  amended by adding Subsections (n), (o), and (p) to read as follows:
         (n)  A person dispensing a Schedule II controlled substance
  under a prescription shall provide written notice, as defined by
  board rule adopted under Subsection (o), on the safe disposal of
  controlled substance prescription drugs, unless:
               (1)  the Schedule II controlled substance prescription
  drug is dispensed at a pharmacy or other location that:
                     (A)  is authorized to take back those drugs for
  safe disposal; and
                     (B)  regularly accepts those drugs for safe
  disposal; or
               (2)  the dispenser provides to the person to whom the
  Schedule II controlled substance prescription drug is dispensed, at
  the time of dispensation and at no cost to the person:
                     (A)  a mail-in pouch for surrendering unused
  controlled substance prescription drugs; or
                     (B)  chemicals to render any unused drugs unusable
  or non-retrievable.
         (o)  The board shall adopt rules to prescribe the form of the
  written notice on the safe disposal of controlled substance
  prescription drugs required under Subsection (n). The notice must
  include information on locations at which Schedule II controlled
  substance prescription drugs are accepted for safe disposal. The
  notice, in lieu of listing those locations, may provide the address
  of an Internet website specified by the board that provides a
  searchable database of locations at which Schedule II controlled
  substance prescription drugs are accepted for safe disposal.
         (p)  The board may take disciplinary action against a person
  who fails to comply with Subsection (n).
         SECTION 2.  Section 481.075(n), Health and Safety Code, as
  added by this Act, applies only to a controlled substance
  prescription drug dispensed on or after January 1, 2020.
         SECTION 3.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2088 was passed by the House on May 3,
  2019, by the following vote:  Yeas 138, Nays 4, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2088 was passed by the Senate on May
  22, 2019, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor