(a)An incurable neurodegenerative disease is a condition,
injury, or illness:
(1)that occurs when nerve cells in the brain or peripheral
nervous system lose function over time; and
(2)for which there is no known cure.
(b)A qualifying physician under Texas Occupations
Code, Chapter 169, may prescribe low-THC cannabis to a patient with
a documented diagnosis of one or more of the following incurable neurodegenerative
diseases:
(1)Incurable Neurodegenerative Diseases with Adult
Onset:
(A)Motor Neuron Disease:
(i)Amyotrophic lateral sclerosis;
(ii)Spinal-bulbar muscular atrophy; and
(iii)Spinal Muscular Atrophy.
(B)Muscular Dystrophies:
(i)Duchenne Muscular Dystrophy;
(ii)Central Core; and
(iii)Facioscapulohumeral Muscular Dystrophy.
(C)Freidreich's Ataxia.
(D)Vascular dementia.
(E)Charcot Marie Tooth and related hereditary neuropathies.
(F)Spinocerebellar ataxia.
(G)Familial Spastic Paraplegia.
(H)Progressive dystonias DYT genes 1 through 20.
(I)Progressive Choreas: Huntington's Disease.
(J)Amyloidoses:
(i)Alzheimer's Disease;
(ii)Prion Diseases:
(I)Creutzfeldt-Jakob Disease;
(II)Gerstmann-Straussler-Scheinker Disease;
(III)Familial or Sporadic Fatal Insomnia; and
(IV)Kuru.
(K)Tauopathies.
(i)Chronic Traumatic Encephalopathy:
(ii)Pick Disease;
(iii)Globular Glial Tauopathy;
(iv)Corticobasal Degeneration;
(v)Progressive Supranuclear Palsy;
(vi)Argyrophilic Grain Disease;
(vii)Neurofibrillary Tangle dementia, also known as
Primary Age-related Tauopathy; and
(viii)Frontotemporal dementia and parkinsonism linked
to chromosome 17 caused by mutations in MAPT gene.
(L)Synucleinopathies:
(i)Lewy Body Disorders:
(I)Dementia with Lewy Bodies; and
(II)Parkinson's Disease; and
(ii)Multiple System Atrophy.
(M)Transactive response DNA-binding protein-43 (TDP-43)
Proteinopathies:
(i)Frontotemporal Lobar Degeneration;
(ii)Primary Lateral Sclerosis; and
(iii)Progressive Muscular Atrophy.
(2)Incurable Neurodegenerative Diseases with Pediatric
Onset:
(A)Mitochondrial Conditions:
(i)Kearn Sayers Syndrome;
(ii)Mitochondrial Encephalopathy Ragged Red Fiber;
(iii)Mitochondrial Encephalopathy Lactic Acidosis
Stroke;
(iv)Neuropathy, Ataxia, and Retinitis Pigmentosa;
(v)Mitochondrial neurogastrointestinal encephalopathy;
(vi)Polymerase G Related Disorders:
(I)Alpers-Huttenlocher syndrome;
(II)Childhood Myocerebrohepatopathy spectrum;
(III)Myoclonic epilepsy myopathy sensory ataxia; and
(IV)Ataxia neuropathy spectrum;
(vii)Subacute necrotizing encephalopathy, also known
as Leigh syndrome;
(viii)Respiratory chain disorders complex 1 through
4 defects: Co Q biosynthesis defects;
(ix)Thymidine Kinase;
(x)Mitochondrial Depletion syndromes types 1 through
14:
(I)Deoxyguanisine kinase deficiency;
(II)SUCLG1-related mitochondrial DNA depletion syndrome,
encephalomyopathic form with methylmalonic aciduria; and
(III)RRM2B-related mitochondrial disease.
(B)Creatine Disorders:
(i)Guanidinoacetate methytransferase deficiency;
(ii)L-Arginine/glycine amidinotransferase deficiency;
and
(iii)Creatine Transporter Defect, also known as SLC
6A8.
(C)Neurotransmitter defects:
(i)Segawa Diease, also known as Dopamine Responsive
Dystonia;
(ii)Guanosine triphosphate cyclohydrolase deficiency;
(iii)Aromatic L-amino acid decarboxylase deficiency;
(iv)Monoamine oxidase deficiency;
(v)Biopterin Defects:
(I)Pyruvoyl-tetahydropterin synthase;
(II)Sepiapterin reductase;
(III)Dihydropteridine reductase; and
(IV)Pterin-4-carbinolamine dehydratase.
(D)Congenital Disorders of Glycosylation.
(E)Lysosomal Storage Diseases:
(i)Mucopolysaccaridosis:
(I)Mucopolysaccharidosis Type I, also known as Hurler
Syndrome or Scheie Syndrome;
(II)Mucopolysaccharidosis Type II, also known as Hunter
Syndrome;
(III)Mucopolysaccharidosis Type III, also known as
Sanfilippo A and B;
(IV)Mucopolysaccharidosis Type IV, also known as Maroteaux-Lamy;
and
(V)Mucopolysaccharidosis Type VII, also known as Sly.
(ii)Oligosaccharidoses:
(I)Mannosidosis;
(II)Alpha-fucosidosis;
(III)Galactosialidosis;
(IV)Asparylglucosaminuria;
(V)Schindler; and
(VI)Sialidosis;
(iii)Mucolipidoses:
(I)Mucolipidoses Type II, also known as Inclusion
Cell disease; and
(II)Mucolipidoses Type III, also known as pseudo-Hurler
polydystrophy;
(iv)Sphingolipidoses:
(I)Gaucher Type 2 and Type 3;
(II)Neimann Pick Type A and B;
(III)Neimann Pick Type C;
(IV)Krabbe;
(V)GM1 gangliosidosis;
(VI)GM2 gangliosidosis also known as Tay-sachs and
Sandhoff Disease;
(VII)Metachromatic leukodystrophy;
(VIII)Neuronal ceroid lipofuscinosis types 1-10 including
Batten Disease; and
(IX)Farber Disease; and
(v)Glycogen Storage-Lysosomal: Pompe Disease.
(F)Peroxisomal Disorders:
(i)X-linked adrenoleukodystrophy;
(ii)Peroxisomal biosynthesis defects:
(I)Zellweger syndrome:
(II)Neonatal Adrenoleukodystrophy; and
(iii)D Bidirectional enzyme deficiency.
(G)Leukodystrophy:
(i)Canavan disease;
(ii)Pelizaeus-Merzbacher disease;
(iii)Alexander disease;
(iv)Multiple Sulfatase deficiency;
(v)Polyol disorders;
(vi)Glycine encephalopathy, also known as non-ketotic
hyperglycinemia;
(vii)Maple Syrup Urine Disease;
(viii)Homocysteine re-methylation defects;
(ix)Methylenetetrahydrofolate reductase deficiency
severe variant;
(x)L-2-hydroxyglutaric aciduria;
(xi)Glutaric acidemia type 1;
(xii)3-hydroxy-3-methylglutaryl-CoA lyase deficiency;
(xiii)Galactosemia;
(xiv)Manosidosis alpha and beta;
(xv)Salidosis;
(xvi)Peripheral neuropathy types 1 through 4;
(xvii)Pyruvate Dehydrogenase Deficiency;
(xviii)Pyruvate Carboxylase Deficiency;
(xix)Refsum Disease; and
(xx)Cerebral Autosomal Dominant Arteriopathy with
Sub-cortical Infarcts and Leukoencephalopathy.
(H)Fatty Acid Oxidation:
(i)Trifunctional protein deficiency; and
(ii)Long-chain L-3 hydroxyacyl-CoA dehydrogenase deficiency.
(I)Metal Metabolism:
(i)Wilson Disease;
(ii)Pantothenate Kinase Associated Neurodegeneration;
and
(iii)Neurodegeneration with brain iron accumulation.
(J)Purine and Pyrimidine Defects:
(i)Adenylosuccinate synthase Deficiency;
(ii)5-aminoimidazole-4-carboxamide ribonucleotide
transformylase deficiency;
(iii)Hypoxanthine-guanine phosophoribosyltransferase
Deficiency also known as Lesch-Nyhan disease;
(iv)Dihydropyrimidine dehydrogenase Deficiency; and
(v)Dihydropirimidinase Deficiency.
(c)A treating physician of a patient suffering from
an incurable neurodegenerative disease not listed in subsection (b)
of this section may submit a request to the department to have a disease
added.
(d)A request under subsection (c) of this section
shall be submitted to the department on a form prescribed by the department,
which can be found on the department's website at https://www.dshs.texas.gov/chronic/default.shtm.
(e)After review of the submitted documentation, the
department may request additional information or make a determination.
The agency certifies that legal counsel has reviewed
the adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on November 15, 2019
TRD-201904262 Barbara L. Klein
General Counsel
Department of State Health Services
Effective date: December 5, 2019
Proposal publication date: September 27, 2019
For further information, please call: (512) 776-3829
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