Bill Text: TX HB3313 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to guidelines for prescribing opioid antagonists.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2017-04-03 - Referred to Public Health [HB3313 Detail]
Download: Texas-2017-HB3313-Introduced.html
| 85R4467 JSC-F | ||
| By: Rose | H.B. No. 3313 | |
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| relating to guidelines for prescribing opioid antagonists. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle B, Title 3, Occupations Code, is | ||
| amended by adding Chapter 170 to read as follows: | ||
| CHAPTER 170. PRESCRIPTION OF OPIOID ANTAGONISTS | ||
| Sec. 170.001. DEFINITIONS. In this chapter, "opioid | ||
| antagonist" and "opioid-related drug overdose" have the meanings | ||
| assigned by Section 483.101, Health and Safety Code. | ||
| Sec. 170.002. GUIDELINES. (a) The board shall adopt | ||
| guidelines for the prescription of opioid antagonists. | ||
| (b) The guidelines must address: | ||
| (1) prescribing an opioid antagonist to a patient to | ||
| whom an opioid medication is also prescribed; and | ||
| (2) identifying patients at risk of an opioid-related | ||
| drug overdose and prescribing an opioid antagonist to that patient | ||
| or to a person in a position to administer the opioid antagonist to | ||
| that patient. | ||
| (c) In adopting guidelines under this section, the board: | ||
| (1) shall consult materials published by the Substance | ||
| Abuse and Mental Health Services Administration of the United | ||
| States Department of Health and Human Services; and | ||
| (2) may consult other appropriate materials, | ||
| including medical journals subject to peer review and publications | ||
| by medical professional associations. | ||
| Sec. 170.003. LIABILITY FOR ACT OR OMISSION WITH RESPECT TO | ||
| PRESCRIBING AN OPIOID ANTAGONIST. A physician who acts in good | ||
| faith and with reasonable care, regardless of whether the physician | ||
| follows the guidelines adopted under this chapter, is not subject | ||
| to criminal or civil liability or any professional disciplinary | ||
| action for: | ||
| (1) prescribing or failing to prescribe an opioid | ||
| antagonist; or | ||
| (2) any outcome resulting from the eventual | ||
| administration of an opioid antagonist prescribed by the physician. | ||
| SECTION 2. The change in law made by this Act relating to | ||
| conduct that is grounds for imposition of a disciplinary sanction | ||
| applies only to conduct that occurs on or after September 1, 2017. | ||
| Conduct that occurs before September 1, 2017, is governed by the law | ||
| in effect on the date the conduct occurred, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 3. The change in law made by this Act relating to | ||
| conduct that is the basis for civil liability applies only to | ||
| conduct that occurs on or after September 1, 2017. Conduct that | ||
| occurs before September 1, 2017, is governed by the law in effect on | ||
| the date the conduct occurred, and the former law is continued in | ||
| effect for that purpose. | ||
| SECTION 4. The change in law made by this Act relating to | ||
| conduct that constitutes a criminal offense applies only to an | ||
| offense committed on or after September 1, 2017. For purposes of | ||
| this section, an offense is committed before September 1, 2017, if | ||
| any element of the offense occurs before that date. An offense | ||
| committed before September 1, 2017, is governed by the law in effect | ||
| on the date the offense was committed, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 5. This Act takes effect September 1, 2017. | ||
