Bill Text: TX HB4583 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the prescribing of opioids for acute pain.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to Public Health [HB4583 Detail]
Download: Texas-2023-HB4583-Introduced.html
By: Bucy | H.B. No. 4583 |
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relating to the prescribing of opioids for acute pain. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 481.07636, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 481.07636. OPIOID PRESCRIPTION LIMITS. (a) In this | ||
section, "acute pain" means the normal, predicted, physiological | ||
response to a stimulus such as trauma, disease, and operative | ||
procedures. Acute pain is time limited. The term does not include: | ||
(1) chronic pain; | ||
(2) pain being treated as part of cancer care; | ||
(3) pain being treated as part of hospice or other | ||
end-of-life care; or | ||
(4) pain being treated as part of palliative care. | ||
(b) For the treatment of acute pain, a practitioner may not: | ||
(1) issue a prescription for an opioid in an amount | ||
that exceeds a 10-day supply; or | ||
(2) provide for a refill of an opioid. | ||
(c) Subsection (b) does not apply to a prescription for an | ||
opioid approved by the United States Food and Drug Administration | ||
for the treatment of substance addiction that is issued by a | ||
practitioner for the treatment of substance addiction. | ||
(d) A dispenser is not subject to criminal, civil, or | ||
administrative penalties for dispensing or refusing to dispense a | ||
controlled substance under a prescription that exceeds the limits | ||
provided by Subsection (b). | ||
(e) A practitioner shall refer or prescribe any of the | ||
following non-pharmacological pain management services to a | ||
patient, based on the prescriber's clinical judgment and the | ||
availability of the treatment, when issuing an opioid prescription | ||
for acute pain: | ||
(1) chiropractic treatment; | ||
(2) physical therapies; | ||
(3) occupational therapies; | ||
(4) physical medicine and rehabilitation; or | ||
(5) osteopathic manipulation. | ||
(f) Nothing in this Section shall require that all | ||
treatments set forth in Subsection 481.07636 (e) be exhausted prior | ||
to the patient receiving a prescription for an opioid. |