Bill Text: TX SB813 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the prescribing of opioids.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-01 - Referred to Health & Human Services [SB813 Detail]
Download: Texas-2019-SB813-Introduced.html
86R11598 JSC-F | ||
By: West | S.B. No. 813 |
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relating to the prescribing of opioids. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 481, Health and Safety | ||
Code, is amended by adding Section 481.07635 to read as follows: | ||
Sec. 481.07635. PRESCRIPTIONS OF OPIOIDS. (a) In this | ||
section, "acute pain" means pain with abrupt onset that is caused by | ||
an injury or other process that is not ongoing. | ||
(b) For the initial treatment of acute pain, a prescriber | ||
may not issue a prescription for an opioid in an amount that exceeds | ||
a seven-day supply. | ||
(c) On issuance of an initial opioid prescription under | ||
Subsection (b) for a patient who is a minor, a prescriber shall | ||
discuss with the patient and the patient's parent, conservator, or | ||
guardian, or other person authorized to consent to the minor's | ||
medical treatment: | ||
(1) the risk of addiction and overdose associated with | ||
the use of opioid prescription drugs; | ||
(2) the danger of taking the drug with | ||
benzodiazepines, alcohol, or other central nervous system | ||
depressants; and | ||
(3) the reasons why the prescription is necessary for | ||
the patient. | ||
(d) Notwithstanding Subsection (b), if, in the professional | ||
medical judgment of a prescriber, more than a seven-day supply of an | ||
opioid is required to treat the patient's acute pain or is necessary | ||
for chronic pain management, for the treatment of pain associated | ||
with a cancer diagnosis, or for palliative care, the practitioner | ||
may issue a prescription for the quantity of the opioid needed to | ||
treat the patient's pain. The prescriber shall document in the | ||
patient's medical record: | ||
(1) the specific medical condition that necessitated | ||
greater than a seven-day supply of an opioid; and | ||
(2) that in the prescriber's medical opinion, an | ||
alternative non-opioid treatment was not appropriate to address the | ||
medical condition. | ||
(e) Subsection (b) does not apply to opioids prescribed to | ||
treat substance abuse or opioid dependence. | ||
(f) Before issuing any prescription for an opioid, a | ||
prescriber shall: | ||
(1) inform the patient that the patient has the option | ||
of filling the prescription in a lesser quantity than that | ||
prescribed; and | ||
(2) inform the patient of the risks associated with | ||
the opioid prescribed. | ||
(g) At the request of the patient, a dispenser may dispense | ||
an opioid in a quantity lower than the quantity listed on the | ||
prescription. The dispenser may later fill the remaining quantity | ||
of the prescription at the request of the patient. | ||
(h) If the dispenser partially fills a prescription at the | ||
request of a patient under Subsection (g), the dispenser shall | ||
accurately record the amount dispensed in providing information to | ||
the board. If the dispenser has access to the patient's electronic | ||
health record, the dispenser shall also note the partial filling of | ||
the prescription not later than the seventh day after the date the | ||
opioid is dispensed. | ||
(i) This section does not apply to a prescriber or dispenser | ||
who is a veterinarian. | ||
SECTION 2. Section 481.003(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The director may adopt rules to administer and enforce | ||
this chapter, other than Sections 481.073, 481.074, 481.075, | ||
481.076, 481.0761, 481.0762, 481.0763, 481.07635, 481.0764, | ||
481.0765, and 481.0766. The board may adopt rules to administer | ||
Sections 481.073, 481.074, 481.075, 481.076, 481.0761, 481.0762, | ||
481.0763, 481.07635, 481.0764, 481.0765, and 481.0766. | ||
SECTION 3. Section 554.051(a-1), Occupations Code, is | ||
amended to read as follows: | ||
(a-1) The board may adopt rules to administer Sections | ||
481.073, 481.074, 481.075, 481.076, 481.0761, 481.0762, 481.0763, | ||
481.07635, 481.0764, 481.0765, and 481.0766, Health and Safety | ||
Code. | ||
SECTION 4. Section 565.003, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 565.003. ADDITIONAL GROUNDS FOR DISCIPLINE REGARDING | ||
APPLICANT FOR OR HOLDER OF NONRESIDENT PHARMACY LICENSE. Unless | ||
compliance would violate the pharmacy or drug statutes or rules in | ||
the state in which the pharmacy is located, the board may discipline | ||
an applicant for or the holder of a nonresident pharmacy license if | ||
the board finds that the applicant or license holder has failed to | ||
comply with: | ||
(1) Section 481.073, 481.074, [ |
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481.0761, 481.0762, 481.0763, 481.07635, 481.0764, 481.0765, or | ||
481.0766, Health and Safety Code; | ||
(2) Texas substitution requirements regarding: | ||
(A) the practitioner's directions concerning | ||
generic substitution; | ||
(B) the patient's right to refuse generic | ||
substitution; or | ||
(C) notification to the patient of the patient's | ||
right to refuse substitution; | ||
(3) any board rule relating to providing drug | ||
information to the patient or the patient's agent in written form or | ||
by telephone; or | ||
(4) any board rule adopted under Section 554.051(a) | ||
and determined by the board to be applicable under Section | ||
554.051(b). | ||
SECTION 5. Section 481.07635, Health and Safety Code, as | ||
added by this Act, applies only to a prescription issued on or after | ||
the effective date of this Act. A prescription issued before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the prescription is issued, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2019. |