Bill Text: TX SB813 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the prescribing of opioids.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-01 - Referred to Health & Human Services [SB813 Detail]

Download: Texas-2019-SB813-Introduced.html
  86R11598 JSC-F
 
  By: West S.B. No. 813
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prescribing of opioids.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 481, Health and Safety
  Code, is amended by adding Section 481.07635 to read as follows:
         Sec. 481.07635.  PRESCRIPTIONS OF OPIOIDS. (a) In this
  section, "acute pain" means pain with abrupt onset that is caused by
  an injury or other process that is not ongoing.
         (b)  For the initial treatment of acute pain, a prescriber
  may not issue a prescription for an opioid in an amount that exceeds
  a seven-day supply.
         (c)  On issuance of an initial opioid prescription under
  Subsection (b) for a patient who is a minor, a prescriber shall
  discuss with the patient and the patient's parent, conservator, or
  guardian, or other person authorized to consent to the minor's
  medical treatment:
               (1)  the risk of addiction and overdose associated with
  the use of opioid prescription drugs;
               (2)  the danger of taking the drug with
  benzodiazepines, alcohol, or other central nervous system
  depressants; and
               (3)  the reasons why the prescription is necessary for
  the patient.
         (d)  Notwithstanding Subsection (b), if, in the professional
  medical judgment of a prescriber, more than a seven-day supply of an
  opioid is required to treat the patient's acute pain or is necessary
  for chronic pain management, for the treatment of pain associated
  with a cancer diagnosis, or for palliative care, the practitioner
  may issue a prescription for the quantity of the opioid needed to
  treat the patient's pain. The prescriber shall document in the
  patient's medical record:
               (1)  the specific medical condition that necessitated
  greater than a seven-day supply of an opioid; and
               (2)  that in the prescriber's medical opinion, an
  alternative non-opioid treatment was not appropriate to address the
  medical condition.
         (e)  Subsection (b) does not apply to opioids prescribed to
  treat substance abuse or opioid dependence. 
         (f)  Before issuing any prescription for an opioid, a
  prescriber shall:
               (1)  inform the patient that the patient has the option
  of filling the prescription in a lesser quantity than that
  prescribed; and
               (2)  inform the patient of the risks associated with
  the opioid prescribed.
         (g)  At the request of the patient, a dispenser may dispense
  an opioid in a quantity lower than the quantity listed on the
  prescription. The dispenser may later fill the remaining quantity
  of the prescription at the request of the patient.
         (h)  If the dispenser partially fills a prescription at the
  request of a patient under Subsection (g), the dispenser shall
  accurately record the amount dispensed in providing information to
  the board. If the dispenser has access to the patient's electronic
  health record, the dispenser shall also note the partial filling of
  the prescription not later than the seventh day after the date the
  opioid is dispensed.
         (i)  This section does not apply to a prescriber or dispenser
  who is a veterinarian.
         SECTION 2.  Section 481.003(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The director may adopt rules to administer and enforce
  this chapter, other than Sections 481.073, 481.074, 481.075,
  481.076, 481.0761, 481.0762, 481.0763, 481.07635, 481.0764,
  481.0765, and 481.0766. The board may adopt rules to administer
  Sections 481.073, 481.074, 481.075, 481.076, 481.0761, 481.0762,
  481.0763, 481.07635, 481.0764, 481.0765, and 481.0766.
         SECTION 3.  Section 554.051(a-1), Occupations Code, is
  amended to read as follows:
         (a-1)  The board may adopt rules to administer Sections
  481.073, 481.074, 481.075, 481.076, 481.0761, 481.0762, 481.0763,
  481.07635, 481.0764, 481.0765, and 481.0766, Health and Safety
  Code.
         SECTION 4.  Section 565.003, Occupations Code, is amended to
  read as follows:
         Sec. 565.003.  ADDITIONAL GROUNDS FOR DISCIPLINE REGARDING
  APPLICANT FOR OR HOLDER OF NONRESIDENT PHARMACY LICENSE. Unless
  compliance would violate the pharmacy or drug statutes or rules in
  the state in which the pharmacy is located, the board may discipline
  an applicant for or the holder of a nonresident pharmacy license if
  the board finds that the applicant or license holder has failed to
  comply with:
               (1)  Section 481.073, 481.074, [or] 481.075, 481.076,
  481.0761, 481.0762, 481.0763, 481.07635, 481.0764, 481.0765, or
  481.0766, Health and Safety Code;
               (2)  Texas substitution requirements regarding:
                     (A)  the practitioner's directions concerning
  generic substitution;
                     (B)  the patient's right to refuse generic
  substitution; or
                     (C)  notification to the patient of the patient's
  right to refuse substitution;
               (3)  any board rule relating to providing drug
  information to the patient or the patient's agent in written form or
  by telephone; or
               (4)  any board rule adopted under Section 554.051(a)
  and determined by the board to be applicable under Section
  554.051(b).
         SECTION 5.  Section 481.07635, Health and Safety Code, as
  added by this Act, applies only to a prescription issued on or after
  the effective date of this Act. A prescription issued before the
  effective date of this Act is governed by the law in effect on the
  date the prescription is issued, and the former law is continued in
  effect for that purpose.
         SECTION 6.  This Act takes effect September 1, 2019.
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