Bill Text: TX HB109 | 2017 | 85th Legislature 1st Special Session | Introduced


Bill Title: Relating to the use of certain controlled substances by women who are pregnant or may become pregnant and the designation of neonatal abstinence syndrome from substance use as a reportable condition.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-07-20 - Referred to Public Health [HB109 Detail]

Download: Texas-2017-HB109-Introduced.html
  85S10158 JG-D
 
  By: Walle H.B. No. 109
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of certain controlled substances by women who
  are pregnant or may become pregnant and the designation of neonatal
  abstinence syndrome from substance use as a reportable condition.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 32, Health and Safety Code, is amended by
  adding Subchapter E to read as follows:
  SUBCHAPTER E.  SUBSTANCE USE SCREENING DURING PREGNANCY
         Sec. 32.081.  SUBSTANCE USE SCREENING OF PREGNANT WOMAN.
  The commission shall make available to physicians and other persons
  capable of conducting a substance use screening of pregnant women
  information that includes:
               (1)  guidance regarding the process for verbally
  screening a pregnant woman for substance use using a validated
  screening tool; and
               (2)  a list of substance use treatment resources in
  each geographic region of this state.
         SECTION 2.  Section 81.041, Health and Safety Code, is
  amended by adding Subsection (e-1) to read as follows:
         (e-1)  Neonatal abstinence syndrome is a reportable health
  condition under this chapter for which the executive commissioner
  shall require reports for public health surveillance purposes. A
  person required to report a reportable disease under Section 81.042
  shall report a case of neonatal abstinence syndrome to the
  department.
         SECTION 3.  Section 81.044, Health and Safety Code, is
  amended by adding Subsection (e) to read as follows:
         (e)  The executive commissioner shall require a report of a
  case of neonatal abstinence syndrome to omit personally identifying
  information about the mother or newborn and to contain:
               (1)  the newborn's ethnicity, national origin, and
  municipality and county of residence;
               (2)  the name of the newborn's attending physician;
               (3)  the maternal history of substance use;
               (4)  the drug or other substance that likely caused the
  syndrome; and
               (5)  other information the executive commissioner
  determines necessary.
         SECTION 4.  Chapter 161, Health and Safety Code, is amended
  by adding Subchapter S-1 to read as follows:
  SUBCHAPTER S-1.  OPIOID DRUG USE AMONG PREGNANT WOMEN
         Sec. 161.481.  REVIEW OF PRESCRIPTION HISTORY. A physician
  or other person authorized to attend a pregnant woman during
  gestation and authorized to access prescription information under
  Section 481.076(a)(5) may, during a pregnant patient's first visit
  with the physician or person:
               (1)  review the patient's prescription history by
  accessing the prescription information submitted to the Texas State
  Board of Pharmacy as authorized by Section 481.076(a)(5) to assess:
                     (A)  the pregnant patient's exposure to
  prescription opioid drugs; and
                     (B)  the possibility of the patient delivering a
  newborn with neonatal abstinence syndrome; and
               (2)  place a record of the assessment in the patient's
  medical record.
         Sec. 161.482.  EDUCATIONAL MATERIALS. (a)  The department
  shall develop educational materials on the consequences of opioid
  drug use during pregnancy.
         (b)  The department shall make the educational materials
  available on the department's Internet website.
         SECTION 5.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt rules necessary to implement the
  changes in law made by this Act.
         SECTION 6.  (a)  Not later than June 1, 2018, the Health and
  Human Services Commission shall make the information regarding
  verbally screening a pregnant woman for substance use and regarding
  substance use treatment resources available to physicians and other
  persons authorized by law to attend a pregnant woman, as required by
  Section 32.081, Health and Safety Code, as added by this Act.
         (b)  Sections 81.041(e-1) and 81.044(e), Health and Safety
  Code, as added by this Act, apply only to a case of neonatal
  abstinence syndrome diagnosed in a child born on or after December
  1, 2018.
         (c)  The Department of State Health Services shall develop
  and make available the educational materials under Section 161.482,
  Health and Safety Code, as added by this Act, not later than March
  1, 2018.
         SECTION 7.  This Act takes effect on the 91st day after the
  last day of the legislative session.
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