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. |