Bill Text: TX HB3285 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to programs and initiatives to prevent and respond to opioid addiction, misuse, abuse, and overdose and identify and treat co-occurring substance use disorders and mental illness.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB3285 Detail]
Download: Texas-2019-HB3285-Enrolled.html
H.B. No. 3285 |
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relating to programs and initiatives to prevent and respond to | ||
opioid addiction, misuse, abuse, and overdose and identify and | ||
treat co-occurring substance use disorders and mental illness. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter Z, Chapter 51, Education Code, is | ||
amended by adding Section 51.9362 to read as follows: | ||
Sec. 51.9362. OVERDOSE AWARENESS TRAINING FOR RESIDENTIAL | ||
ADVISORS AND STUDENT ORGANIZATION OFFICERS. (a) In this section: | ||
(1) "Public or private institution of higher | ||
education" includes an "institution of higher education" and a | ||
"private or independent institution of higher education," as those | ||
terms are defined by Section 61.003. | ||
(2) "Residential advisor" means a student who is | ||
employed by a public or private institution of higher education to | ||
serve in an advisory capacity for students living in a residential | ||
facility. | ||
(3) "Residential facility" means a residence used | ||
exclusively for housing or boarding students or faculty of a public | ||
or private institution of higher education. | ||
(4) "Student organization" includes any organization | ||
that is composed mostly of students enrolled at a public or private | ||
institution of higher education and that: | ||
(A) is registered with the institution; | ||
(B) receives student organization resource fee | ||
revenues or other funding from the institution; or | ||
(C) is otherwise recognized as a student | ||
organization by the institution. | ||
(b) A public or private institution of higher education that | ||
imposes any mandatory training requirements on residential | ||
advisors or officers of student organizations must ensure that | ||
overdose awareness and appropriate response training is included | ||
with that training. | ||
SECTION 2. Subchapter C, Chapter 61, Education Code, is | ||
amended by adding Section 61.08205 to read as follows: | ||
Sec. 61.08205. RESEARCH ON SUBSTANCE USE DISORDERS AND | ||
ADDICTION. The board shall encourage health-related institutions, | ||
as defined by Section 62.161, as added by Chapter 448 (H.B. 7), Acts | ||
of the 84th Legislature, Regular Session, 2015, and the faculty of | ||
those institutions to individually or through collaborative effort | ||
conduct research, for public health purposes, regarding substance | ||
use disorders and addiction issues involving prescription drugs. | ||
SECTION 3. Subchapter B, Chapter 531, Government Code, is | ||
amended by adding Section 531.02253 to read as follows: | ||
Sec. 531.02253. TELEHEALTH TREATMENT FOR SUBSTANCE USE | ||
DISORDERS. The executive commissioner by rule shall establish a | ||
program to increase opportunities and expand access to telehealth | ||
treatment for substance use disorders in this state. | ||
SECTION 4. Subchapter A, Chapter 772, Government Code, is | ||
amended by adding Section 772.0078 to read as follows: | ||
Sec. 772.0078. OPIOID ANTAGONIST GRANT PROGRAM. (a) In | ||
this section: | ||
(1) "Criminal justice division" means the criminal | ||
justice division established under Section 772.006. | ||
(2) "Opioid antagonist" and "opioid-related drug | ||
overdose" have the meanings assigned by Section 483.101, Health and | ||
Safety Code. | ||
(b) The criminal justice division shall establish and | ||
administer a grant program to provide financial assistance to a law | ||
enforcement agency in this state that seeks to provide opioid | ||
antagonists to peace officers, evidence technicians, and related | ||
personnel who, in the course of performing their duties, are likely | ||
to come into contact with opioids or encounter persons suffering | ||
from an apparent opioid-related drug overdose. | ||
(c) A law enforcement agency may apply for a grant under | ||
this section only if the agency first adopts a policy addressing the | ||
usage of an opioid antagonist for a person suffering from an | ||
apparent opioid-related drug overdose. | ||
(d) In an application for a grant under this section, the | ||
law enforcement agency shall provide information to the criminal | ||
justice division about the frequency and nature of: | ||
(1) interactions between peace officers and persons | ||
suffering from an apparent opioid-related drug overdose; | ||
(2) calls for assistance based on an apparent | ||
opioid-related drug overdose; and | ||
(3) any exposure of peace officers, evidence | ||
technicians, or related personnel to opioids or suspected opioids | ||
in the course of performing their duties and any reactions by those | ||
persons to those substances. | ||
(e) A law enforcement agency receiving a grant under this | ||
section shall, as soon as practicable after receiving the grant, | ||
provide to the criminal justice division proof of purchase of the | ||
opioid antagonists. | ||
(f) The criminal justice division may use any money | ||
available for purposes of this section. | ||
SECTION 5. Subtitle E, Title 2, Health and Safety Code, is | ||
amended by adding Chapter 109 to read as follows: | ||
CHAPTER 109. STATEWIDE BEHAVIORAL HEALTH COORDINATING COUNCIL | ||
Sec. 109.001. DEFINITION. In this chapter, "council" means | ||
the Statewide Behavioral Health Coordinating Council. | ||
Sec. 109.002. STATEWIDE BEHAVIORAL HEALTH STRATEGIC PLAN. | ||
In preparing the statewide behavioral health strategic plan, the | ||
council shall incorporate, as a separate part of that plan, | ||
strategies regarding substance abuse issues that are developed by | ||
the council in cooperation with the Texas Medical Board and the | ||
Texas State Board of Pharmacy, including strategies for: | ||
(1) addressing the challenges of existing prevention, | ||
intervention, and treatment programs; | ||
(2) evaluating substance use disorder prevalence | ||
involving the abuse of opioids; | ||
(3) identifying substance abuse treatment services | ||
availability and gaps; and | ||
(4) collaborating with state agencies to expand | ||
substance abuse treatment services capacity in this state. | ||
SECTION 6. Subchapter B, Chapter 461A, Health and Safety | ||
Code, is amended by adding Sections 461A.058 and 461A.059 to read as | ||
follows: | ||
Sec. 461A.058. OPIOID MISUSE PUBLIC AWARENESS CAMPAIGN. | ||
(a) The executive commissioner by rule shall develop and the | ||
department shall operate a statewide public awareness campaign to | ||
deliver public service announcements that explain and clarify | ||
certain risks related to opioid misuse, including: | ||
(1) the risk of overdose, addiction, respiratory | ||
depression, or over-sedation; and | ||
(2) risks involved in mixing opioids with alcohol or | ||
other medications. | ||
(b) This section and the statewide public awareness | ||
campaign developed under this section expire August 31, 2023. | ||
Sec. 461A.059. OPIOID ANTAGONIST PROGRAM. (a) In this | ||
section, "opioid antagonist" has the meaning assigned by Section | ||
483.101. | ||
(b) From funds available for that purpose, the executive | ||
commissioner shall operate a program to provide opioid antagonists | ||
for the prevention of opioid overdoses in a manner determined by the | ||
executive commissioner to best accomplish that purpose. | ||
(c) The executive commissioner may provide opioid | ||
antagonists under the program to emergency medical services | ||
personnel, first responders, public schools, community centers, | ||
and other persons likely to be in a position to respond to an opioid | ||
overdose. | ||
(d) The commission may accept gifts, grants, and donations | ||
to be used in administering this section. | ||
(e) The executive commissioner shall adopt rules as | ||
necessary to implement this section. | ||
SECTION 7. Section 481.0764, Health and Safety Code, is | ||
amended by adding Subsection (f) to read as follows: | ||
(f) A prescriber or dispenser whose practice includes the | ||
prescription or dispensation of opioids shall annually attend at | ||
least one hour of continuing education covering best practices, | ||
alternative treatment options, and multi-modal approaches to pain | ||
management that may include physical therapy, psychotherapy, and | ||
other treatments. The board shall adopt rules to establish the | ||
content of continuing education described by this subsection. The | ||
board may collaborate with private and public institutions of | ||
higher education and hospitals in establishing the content of the | ||
continuing education. This subsection expires August 31, 2023. | ||
SECTION 8. Chapter 1001, Health and Safety Code, is amended | ||
by adding Subchapter K to read as follows: | ||
SUBCHAPTER K. DATA COLLECTION AND ANALYSIS REGARDING OPIOID | ||
OVERDOSE DEATHS AND CO-OCCURRING SUBSTANCE USE DISORDERS | ||
Sec. 1001.261. DATA COLLECTION AND ANALYSIS REGARDING | ||
OPIOID OVERDOSE DEATHS AND CO-OCCURRING SUBSTANCE USE DISORDERS. | ||
(a) The executive commissioner shall ensure that data is collected | ||
by the department regarding opioid overdose deaths and the | ||
co-occurrence of substance use disorders and mental illness. The | ||
department may use data collected by the vital statistics unit and | ||
any other source available to the department. | ||
(b) In analyzing data collected under this section, the | ||
department shall evaluate the capacity in this state for the | ||
treatment of co-occurring substance use disorders and mental | ||
illness. | ||
SECTION 9. Subchapter B, Chapter 32, Human Resources Code, | ||
is amended by adding Section 32.03115 to read as follows: | ||
Sec. 32.03115. REIMBURSEMENT FOR MEDICATION-ASSISTED | ||
TREATMENT FOR OPIOID OR SUBSTANCE USE DISORDER. (a) In this | ||
section, "medication-assisted opioid or substance use disorder | ||
treatment" means the use of methadone, buprenorphine, oral | ||
buprenorphine/naloxone, or naltrexone to treat opioid or substance | ||
use disorder. | ||
(b) Notwithstanding Sections 531.072 and 531.073, | ||
Government Code, or any other law and subject to Subsections (c) and | ||
(d), the commission shall provide medical assistance reimbursement | ||
for medication-assisted opioid or substance use disorder treatment | ||
without requiring a recipient of medical assistance or health care | ||
provider to obtain prior authorization or precertification for the | ||
treatment. | ||
(c) The duty to provide medical assistance reimbursement | ||
for medication-assisted opioid or substance use disorder treatment | ||
under Subsection (b) does not apply with respect to: | ||
(1) a prescription for methadone; | ||
(2) a recipient for whom medication-assisted opioid or | ||
substance use disorder treatment is determined to be medically | ||
contraindicated by the recipient's physician; or | ||
(3) a recipient who is subject to an age-related | ||
restriction applicable to medication-assisted opioid or substance | ||
abuse disorder treatment. | ||
(d) The commission may provide medical assistance | ||
reimbursement for medication-assisted opioid or substance use | ||
disorder treatment only if the treatment is prescribed to a | ||
recipient of medical assistance by a licensed health care provider | ||
who is authorized to prescribe methadone, buprenorphine, oral | ||
buprenorphine/naloxone, or naltrexone. | ||
(e) This section expires August 31, 2023. | ||
SECTION 10. Section 168.002, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 168.002. EXEMPTIONS. This chapter does not apply to: | ||
(1) a medical or dental school or an outpatient clinic | ||
associated with a medical or dental school; | ||
(2) a hospital, including any outpatient facility or | ||
clinic of a hospital; | ||
(3) a hospice established under 40 T.A.C. Section | ||
97.403 or defined by 42 C.F.R. Section 418.3; | ||
(4) a facility maintained or operated by this state; | ||
(5) a clinic maintained or operated by the United | ||
States; | ||
(6) a health organization certified by the board under | ||
Section 162.001; or | ||
(7) a clinic owned or operated by a physician who | ||
treats patients within the physician's area of specialty and who | ||
personally uses other forms of treatment, including surgery, with | ||
the issuance of a prescription for a majority of the patients[ |
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SECTION 11. Subchapter A, Chapter 554, Occupations Code, is | ||
amended by adding Section 554.018 to read as follows: | ||
Sec. 554.018. COMPREHENSIVE SUBSTANCE USE DISORDER | ||
APPROACH. The board shall encourage pharmacists to participate in | ||
a program that provides a comprehensive approach to the delivery of | ||
early intervention and treatment services for persons with | ||
substance use disorders and persons who are at risk of developing | ||
substance use disorders, such as a program promoted by the | ||
Substance Abuse and Mental Health Services Administration within | ||
the United States Department of Health and Human Services. | ||
SECTION 12. Section 51.9362, Education Code, as added by | ||
this Act, applies beginning with training required for the | ||
2019-2020 academic year. | ||
SECTION 13. (a) Not later than December 1, 2019, the | ||
executive commissioner of the Health and Human Services Commission | ||
shall: | ||
(1) develop the opioid misuse public awareness | ||
campaign required by Section 461A.058, Health and Safety Code, as | ||
added by this Act; and | ||
(2) establish the opioid antagonist program required | ||
by Section 461A.059, Health and Safety Code, as added by this Act. | ||
(b) Notwithstanding Subsection (a) of this section, if an | ||
opioid misuse public awareness campaign described by Section | ||
461A.058, Health and Safety Code, as added by this Act, is already | ||
in operation as of the effective date of this Act, the Health and | ||
Human Services Commission and the Department of State Health | ||
Services may continue to operate that public awareness campaign to | ||
satisfy the requirements of that section. | ||
(c) Notwithstanding Subsection (a) of this section, if an | ||
opioid antagonist program described by Section 461A.059, Health and | ||
Safety Code, as added by this Act, is already in operation as of the | ||
effective date of this Act, the Health and Human Services | ||
Commission may continue to operate that program to satisfy the | ||
requirements of that section. | ||
SECTION 14. A state agency is required to implement a | ||
provision of this Act only if the legislature appropriates money | ||
specifically for that purpose. If the legislature does not | ||
appropriate money specifically for that purpose, the state agency | ||
may, but is not required to, implement a provision of this Act using | ||
other appropriations available for that purpose. | ||
SECTION 15. If before implementing any provision of this | ||
Act a state agency determines that a waiver or authorization from a | ||
federal agency is necessary for implementation of that provision, | ||
the agency affected by the provision shall request the waiver or | ||
authorization and may delay implementing that provision until the | ||
waiver or authorization is granted. | ||
SECTION 16. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3285 was passed by the House on May | ||
10, 2019, by the following vote: Yeas 119, Nays 18, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 3285 on May 24, 2019, by the following vote: Yeas 124, Nays 18, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3285 was passed by the Senate, with | ||
amendments, on May 22, 2019, by the following vote: Yeas 29, Nays | ||
2. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |