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