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AN ACT
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relating to guidelines for prescribing opioid antagonists. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 3, Occupations Code, is |
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amended by adding Chapter 170 to read as follows: |
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CHAPTER 170. PRESCRIPTION OF OPIOID ANTAGONISTS |
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Sec. 170.001. DEFINITIONS. In this chapter, "opioid |
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antagonist" and "opioid-related drug overdose" have the meanings |
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assigned by Section 483.101, Health and Safety Code. |
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Sec. 170.002. GUIDELINES. (a) The board shall adopt |
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guidelines for the prescription of opioid antagonists. |
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(b) The guidelines must address: |
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(1) prescribing an opioid antagonist to a patient to |
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whom an opioid medication is also prescribed; and |
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(2) identifying patients at risk of an opioid-related |
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drug overdose and prescribing an opioid antagonist to that patient |
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or to a person in a position to administer the opioid antagonist to |
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that patient. |
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(c) In adopting guidelines under this section, the board: |
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(1) shall consult with the Texas State Board of |
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Pharmacy; |
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(2) shall consult materials published by the Substance |
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Abuse and Mental Health Services Administration of the United |
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States Department of Health and Human Services; and |
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(3) may consult other appropriate materials, |
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including medical journals subject to peer review and publications |
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by medical professional associations. |
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Sec. 170.003. LIABILITY FOR ACT OR OMISSION WITH RESPECT TO |
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PRESCRIBING AN OPIOID ANTAGONIST. A physician who acts in good |
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faith and with reasonable care, regardless of whether the physician |
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follows the guidelines adopted under this chapter, is not subject |
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to criminal or civil liability or any professional disciplinary |
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action for: |
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(1) prescribing or failing to prescribe an opioid |
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antagonist; or |
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(2) any outcome resulting from the eventual |
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administration of an opioid antagonist prescribed by the physician. |
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SECTION 2. The change in law made by this Act relating to |
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conduct that is grounds for imposition of a disciplinary sanction |
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applies only to conduct that occurs on or after September 1, 2017. |
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Conduct that occurs before September 1, 2017, is governed by the law |
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in effect on the date the conduct occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. The change in law made by this Act relating to |
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conduct that is the basis for civil liability applies only to |
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conduct that occurs on or after September 1, 2017. Conduct that |
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occurs before September 1, 2017, is governed by the law in effect on |
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the date the conduct occurred, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. The change in law made by this Act relating to |
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conduct that constitutes a criminal offense applies only to an |
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offense committed on or after September 1, 2017. For purposes of |
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this section, an offense is committed before September 1, 2017, if |
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any element of the offense occurs before that date. An offense |
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committed before September 1, 2017, is governed by the law in effect |
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on the date the offense was committed, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 584 passed the Senate on |
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April 19, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 584 passed the House on |
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May 24, 2017, by the following vote: Yeas 147, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |