Texas 2017 - 85th Regular

Texas Senate Bill SB584 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: West, et al. S.B. No. 584
2		-	(Rose)
	1	+	S.B. No. 584
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to guidelines for prescribing opioid antagonists.
8	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	7		SECTION 1. Subtitle B, Title 3, Occupations Code, is
10	8		amended by adding Chapter 170 to read as follows:
11	9		CHAPTER 170. PRESCRIPTION OF OPIOID ANTAGONISTS
12	10		Sec. 170.001. DEFINITIONS. In this chapter, "opioid
13	11		antagonist" and "opioid-related drug overdose" have the meanings
14	12		assigned by Section 483.101, Health and Safety Code.
15	13		Sec. 170.002. GUIDELINES. (a) The board shall adopt
16	14		guidelines for the prescription of opioid antagonists.
17	15		(b) The guidelines must address:
18	16		(1) prescribing an opioid antagonist to a patient to
19	17		whom an opioid medication is also prescribed; and
20	18		(2) identifying patients at risk of an opioid-related
21	19		drug overdose and prescribing an opioid antagonist to that patient
22	20		or to a person in a position to administer the opioid antagonist to
23	21		that patient.
24	22		(c) In adopting guidelines under this section, the board:
25	23		(1) shall consult with the Texas State Board of
26	24		Pharmacy;
27	25		(2) shall consult materials published by the Substance
28	26		Abuse and Mental Health Services Administration of the United
29	27		States Department of Health and Human Services; and
30	28		(3) may consult other appropriate materials,
31	29		including medical journals subject to peer review and publications
32	30		by medical professional associations.
33	31		Sec. 170.003. LIABILITY FOR ACT OR OMISSION WITH RESPECT TO
34	32		PRESCRIBING AN OPIOID ANTAGONIST. A physician who acts in good
35	33		faith and with reasonable care, regardless of whether the physician
36	34		follows the guidelines adopted under this chapter, is not subject
37	35		to criminal or civil liability or any professional disciplinary
38	36		action for:
39	37		(1) prescribing or failing to prescribe an opioid
40	38		antagonist; or
41	39		(2) any outcome resulting from the eventual
42	40		administration of an opioid antagonist prescribed by the physician.
43	41		SECTION 2. The change in law made by this Act relating to
44	42		conduct that is grounds for imposition of a disciplinary sanction
45	43		applies only to conduct that occurs on or after September 1, 2017.
46	44		Conduct that occurs before September 1, 2017, is governed by the law
47	45		in effect on the date the conduct occurred, and the former law is
48	46		continued in effect for that purpose.
49	47		SECTION 3. The change in law made by this Act relating to
50	48		conduct that is the basis for civil liability applies only to
51	49		conduct that occurs on or after September 1, 2017. Conduct that
52	50		occurs before September 1, 2017, is governed by the law in effect on
53	51		the date the conduct occurred, and the former law is continued in
54	52		effect for that purpose.
55	53		SECTION 4. The change in law made by this Act relating to
56	54		conduct that constitutes a criminal offense applies only to an
57	55		offense committed on or after September 1, 2017. For purposes of
58	56		this section, an offense is committed before September 1, 2017, if
59	57		any element of the offense occurs before that date. An offense
60	58		committed before September 1, 2017, is governed by the law in effect
61	59		on the date the offense was committed, and the former law is
62	60		continued in effect for that purpose.
63	61		SECTION 5. This Act takes effect September 1, 2017.
	62	+	______________________________ ______________________________
	63	+	President of the Senate Speaker of the House
	64	+	I hereby certify that S.B. No. 584 passed the Senate on
	65	+	April 19, 2017, by the following vote: Yeas 31, Nays 0.
	66	+	______________________________
	67	+	Secretary of the Senate
	68	+	I hereby certify that S.B. No. 584 passed the House on
	69	+	May 24, 2017, by the following vote: Yeas 147, Nays 0, one
	70	+	present not voting.
	71	+	______________________________
	72	+	Chief Clerk of the House
	73	+	Approved:
	74	+	______________________________
	75	+	Date
	76	+	______________________________
	77	+	Governor