Bill Text: TX HB2085 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to general procedures and requirements for a nonopioid directive.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-03-06 - Referred to Public Health [HB2085 Detail]
Download: Texas-2019-HB2085-Introduced.html
| 86R7572 SCL-D | ||
| By: Dean | H.B. No. 2085 | |
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| relating to general procedures and requirements for a nonopioid | ||
| directive. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 166, Health and Safety Code, is amended | ||
| by adding Subchapter F to read as follows: | ||
| SUBCHAPTER F. NONOPIOID DIRECTIVE | ||
| Sec. 166.251. DEFINITIONS. In this subchapter: | ||
| (1) "Adult," "agent," and "health care provider" have | ||
| the meanings assigned by Section 166.151. | ||
| (2) "Nonopioid directive" means a directive executed | ||
| under this subchapter. | ||
| (3) "Opioid" means opium and opiate and any salt, | ||
| compound, derivative, or preparation of opium or opiate. | ||
| (4) "Pharmacist" means an individual licensed under | ||
| Chapter 558, Occupations Code. | ||
| Sec. 166.252. EXECUTION. (a) A competent adult, a parent | ||
| or legal guardian of a minor, or an individual's guardian or agent | ||
| may at any time execute a nonopioid directive for the adult, minor, | ||
| or individual, respectively, that prohibits the administration or | ||
| prescription of opioids. | ||
| (b) A nonopioid directive must be in the form prescribed by | ||
| rules adopted under this subchapter and be available | ||
| electronically. | ||
| Sec. 166.253. REVOCATION. An individual executing a | ||
| nonopioid directive under Section 166.252 may, orally or in | ||
| writing, at any time revoke the directive. | ||
| Sec. 166.254. SUBMISSION; DUTIES OF HEALTH CARE PROVIDERS. | ||
| (a) A competent adult, a parent or legal guardian of a minor, or an | ||
| individual's guardian or agent may submit the adult's, minor's, or | ||
| individual's nonopioid directive to a health care provider in | ||
| accordance with rules adopted under this subchapter. | ||
| (b) Except as provided by this subchapter, a health care | ||
| provider receiving a nonopioid directive may not administer or | ||
| prescribe an opioid to the adult, minor, or individual who is the | ||
| subject of the directive. | ||
| Sec. 166.255. LIMITATION OF LIABILITY. (a) A health care | ||
| provider is not subject to disciplinary action by the appropriate | ||
| licensing authority for and is not civilly or criminally liable | ||
| for: | ||
| (1) failing to administer, prescribe, or dispense an | ||
| opioid in accordance with a nonopioid directive submitted to the | ||
| provider; or | ||
| (2) administering an opioid in violation of a | ||
| nonopioid directive for which the provider has no knowledge. | ||
| (b) A prescription presented to a pharmacy is presumed | ||
| valid. A pharmacist is not subject to disciplinary action by the | ||
| Texas State Board of Pharmacy and is not civilly or criminally | ||
| liable for dispensing an opioid in violation of a nonopioid | ||
| directive and in accordance with a prescription. | ||
| Sec. 166.256. EXCEPTIONS. This subchapter does not apply | ||
| to: | ||
| (1) emergency medical personnel; or | ||
| (2) a person using an opioid for the treatment of | ||
| substance abuse or opioid dependence if the person is authorized to | ||
| provide that treatment. | ||
| Sec. 166.257. CONSTRUCTION OF SUBCHAPTER. This subchapter | ||
| may not be construed to: | ||
| (1) alter an advance directive executed under this | ||
| chapter; | ||
| (2) limit the prescribing, administering, or | ||
| dispensing of an opioid used to treat an overdose; or | ||
| (3) limit an authorized health care provider or | ||
| pharmacist from prescribing, administering, or dispensing an | ||
| opioid for treatment of substance abuse or opioid dependence. | ||
| Sec. 166.258. RULES. The executive commissioner shall | ||
| adopt rules to implement this subchapter. The rules must: | ||
| (1) require a health care provider to verify a | ||
| nonopioid directive to the extent practicable; | ||
| (2) require a health care provider to comply with 42 | ||
| U.S.C. Section 290dd-2(b) in obtaining written consent; | ||
| (3) provide standard procedures for a competent adult, | ||
| a parent or legal guardian of a minor, or an individual's guardian | ||
| or agent to submit a nonopioid directive under Section 166.254; | ||
| (4) provide any necessary procedures for an exemption | ||
| under Section 16.256; and | ||
| (5) ensure the confidentiality of a nonopioid | ||
| directive. | ||
| Sec. 166.259. ENFORCEMENT. A health care provider who | ||
| violates this subchapter or a rule adopted under this subchapter is | ||
| subject to disciplinary action by the appropriate licensing | ||
| authority. | ||
| SECTION 2. The executive commissioner of the Health and | ||
| Human Services Commission shall adopt rules necessary to implement | ||
| Subchapter F, Chapter 166, Health and Safety Code, as added by this | ||
| Act, as soon as practicable after the effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2019. | ||
