85S10158 JG-D
By: Walle H.B. No. 109
A BILL TO BE ENTITLED
AN ACT
relating to the use of certain controlled substances by women who
are pregnant or may become pregnant and the designation of neonatal
abstinence syndrome from substance use as a reportable condition.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 32, Health and Safety Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. SUBSTANCE USE SCREENING DURING PREGNANCY
Sec. 32.081. SUBSTANCE USE SCREENING OF PREGNANT WOMAN.
The commission shall make available to physicians and other persons
capable of conducting a substance use screening of pregnant women
information that includes:
(1) guidance regarding the process for verbally
screening a pregnant woman for substance use using a validated
screening tool; and
(2) a list of substance use treatment resources in
each geographic region of this state.
SECTION 2. Section 81.041, Health and Safety Code, is
amended by adding Subsection (e-1) to read as follows:
(e-1) Neonatal abstinence syndrome is a reportable health
condition under this chapter for which the executive commissioner
shall require reports for public health surveillance purposes. A
person required to report a reportable disease under Section 81.042
shall report a case of neonatal abstinence syndrome to the
department.
SECTION 3. Section 81.044, Health and Safety Code, is
amended by adding Subsection (e) to read as follows:
(e) The executive commissioner shall require a report of a
case of neonatal abstinence syndrome to omit personally identifying
information about the mother or newborn and to contain:
(1) the newborn's ethnicity, national origin, and
municipality and county of residence;
(2) the name of the newborn's attending physician;
(3) the maternal history of substance use;
(4) the drug or other substance that likely caused the
syndrome; and
(5) other information the executive commissioner
determines necessary.
SECTION 4. Chapter 161, Health and Safety Code, is amended
by adding Subchapter S-1 to read as follows:
SUBCHAPTER S-1. OPIOID DRUG USE AMONG PREGNANT WOMEN
Sec. 161.481. REVIEW OF PRESCRIPTION HISTORY. A physician
or other person authorized to attend a pregnant woman during
gestation and authorized to access prescription information under
Section 481.076(a)(5) may, during a pregnant patient's first visit
with the physician or person:
(1) review the patient's prescription history by
accessing the prescription information submitted to the Texas State
Board of Pharmacy as authorized by Section 481.076(a)(5) to assess:
(A) the pregnant patient's exposure to
prescription opioid drugs; and
(B) the possibility of the patient delivering a
newborn with neonatal abstinence syndrome; and
(2) place a record of the assessment in the patient's
medical record.
Sec. 161.482. EDUCATIONAL MATERIALS. (a) The department
shall develop educational materials on the consequences of opioid
drug use during pregnancy.
(b) The department shall make the educational materials
available on the department's Internet website.
SECTION 5. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement the
changes in law made by this Act.
SECTION 6. (a) Not later than June 1, 2018, the Health and
Human Services Commission shall make the information regarding
verbally screening a pregnant woman for substance use and regarding
substance use treatment resources available to physicians and other
persons authorized by law to attend a pregnant woman, as required by
Section 32.081, Health and Safety Code, as added by this Act.
(b) Sections 81.041(e-1) and 81.044(e), Health and Safety
Code, as added by this Act, apply only to a case of neonatal
abstinence syndrome diagnosed in a child born on or after December
1, 2018.
(c) The Department of State Health Services shall develop
and make available the educational materials under Section 161.482,
Health and Safety Code, as added by this Act, not later than March
1, 2018.
SECTION 7. This Act takes effect on the 91st day after the
last day of the legislative session.