Texas 2017 - 85th Regular

Texas House Bill HB3313 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R4467 JSC-F
2	2	By: Rose H.B. No. 3313
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to guidelines for prescribing opioid antagonists.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle B, Title 3, Occupations Code, is
10	10	amended by adding Chapter 170 to read as follows:
11	11	CHAPTER 170. PRESCRIPTION OF OPIOID ANTAGONISTS
12	12	Sec. 170.001. DEFINITIONS. In this chapter, "opioid
13	13	antagonist" and "opioid-related drug overdose" have the meanings
14	14	assigned by Section 483.101, Health and Safety Code.
15	15	Sec. 170.002. GUIDELINES. (a) The board shall adopt
16	16	guidelines for the prescription of opioid antagonists.
17	17	(b) The guidelines must address:
18	18	(1) prescribing an opioid antagonist to a patient to
19	19	whom an opioid medication is also prescribed; and
20	20	(2) identifying patients at risk of an opioid-related
21	21	drug overdose and prescribing an opioid antagonist to that patient
22	22	or to a person in a position to administer the opioid antagonist to
23	23	that patient.
24	24	(c) In adopting guidelines under this section, the board:
25	25	(1) shall consult materials published by the Substance
26	26	Abuse and Mental Health Services Administration of the United
27	27	States Department of Health and Human Services; and
28	28	(2) may consult other appropriate materials,
29	29	including medical journals subject to peer review and publications
30	30	by medical professional associations.
31	31	Sec. 170.003. LIABILITY FOR ACT OR OMISSION WITH RESPECT TO
32	32	PRESCRIBING AN OPIOID ANTAGONIST. A physician who acts in good
33	33	faith and with reasonable care, regardless of whether the physician
34	34	follows the guidelines adopted under this chapter, is not subject
35	35	to criminal or civil liability or any professional disciplinary
36	36	action for:
37	37	(1) prescribing or failing to prescribe an opioid
38	38	antagonist; or
39	39	(2) any outcome resulting from the eventual
40	40	administration of an opioid antagonist prescribed by the physician.
41	41	SECTION 2. The change in law made by this Act relating to
42	42	conduct that is grounds for imposition of a disciplinary sanction
43	43	applies only to conduct that occurs on or after September 1, 2017.
44	44	Conduct that occurs before September 1, 2017, is governed by the law
45	45	in effect on the date the conduct occurred, and the former law is
46	46	continued in effect for that purpose.
47	47	SECTION 3. The change in law made by this Act relating to
48	48	conduct that is the basis for civil liability applies only to
49	49	conduct that occurs on or after September 1, 2017. Conduct that
50	50	occurs before September 1, 2017, is governed by the law in effect on
51	51	the date the conduct occurred, and the former law is continued in
52	52	effect for that purpose.
53	53	SECTION 4. The change in law made by this Act relating to
54	54	conduct that constitutes a criminal offense applies only to an
55	55	offense committed on or after September 1, 2017. For purposes of
56	56	this section, an offense is committed before September 1, 2017, if
57	57	any element of the offense occurs before that date. An offense
58	58	committed before September 1, 2017, is governed by the law in effect
59	59	on the date the offense was committed, and the former law is
60	60	continued in effect for that purpose.
61	61	SECTION 5. This Act takes effect September 1, 2017.