Bill Text: TX SB26 | 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 - Dead) 2017-07-10 - Filed [SB26 Detail]
Download: Texas-2017-SB26-Introduced.html
| 85S10158 JG-D | ||
| By: Miles | S.B. No. 26 | |
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| 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. | ||
