TITLE: Relating to prohibiting certain health care practitioners from providing alcoholic beverages to certain persons; imposing an administrative penalty.

SUMMARY: Relating to prohibiting certain health care practitioners from providing alcoholic beverages to certain persons; imposing an administrative penalty.

FULL TEXT:
AN ACT relating to prohibiting certain health care practitioners from providing alcoholic beverages to certain persons; imposing an administrative penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle A, Title 3, Occupations Code, is amended by adding Chapter 116 to read as follows: CHAPTER 116. PROVIDING ALCOHOLIC BEVERAGES PROHIBITED Sec. 116.001. DEFINITIONS. In this chapter: (1) "Health care practitioner" means an individual issued a license, certificate, registration, title, permit, or other authorization under this title to engage in a health care profession. (2) "Licensing entity" means a department, commission, board, office, authority, or other agency of the state that regulates health care practitioners under this title. Sec. 116.002. APPLICABILITY. This chapter applies only to a health care practitioner who is authorized to: (1) administer anesthesia or provide anesthesia services in an outpatient setting, including the health care practitioner's office; or (2) prescribe or administer a prescription drug, as defined by Section 551.003. Sec. 116.003. PROVIDING ALCOHOLIC BEVERAGE PROHIBITED. (a) Except as otherwise provided by Subsection (b), a health care practitioner or an employee or agent of a health care practitioner may not provide or otherwise make available to a patient or to a person accompanying the patient in the health care practitioner's office, including the patient's parent or guardian, an alcoholic beverage subject to regulation under the Alcoholic Beverage Code. (b) This section does not apply to: (1) alcohol when used as, or contained in, a drug for the diagnosis, cure, mitigation, treatment, or prevention of illness, injury, or disease; or (2) an alcoholic beverage provided or otherwise made available at a social event held in a health care practitioner's office outside of normal business hours. (c) A licensing entity may adopt rules necessary to implement this chapter. Sec. 116.004. IMPOSITION OF ADMINISTRATIVE PENALTY. The appropriate licensing entity may impose an administrative penalty against a health care practitioner who violates Section 116.003 or a rule or order adopted under that section. SECTION 2. This Act takes effect September 1, 2017.