Texas 2017 - 85th 1st C.S.

Texas House Bill HB109 Compare Versions

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

Old	New	Differences
1	1	85S10158 JG-D
2	2	By: Walle H.B. No. 109
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of certain controlled substances by women who
8	8	are pregnant or may become pregnant and the designation of neonatal
9	9	abstinence syndrome from substance use as a reportable condition.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 32, Health and Safety Code, is amended by
12	12	adding Subchapter E to read as follows:
13	13	SUBCHAPTER E. SUBSTANCE USE SCREENING DURING PREGNANCY
14	14	Sec. 32.081. SUBSTANCE USE SCREENING OF PREGNANT WOMAN.
15	15	The commission shall make available to physicians and other persons
16	16	capable of conducting a substance use screening of pregnant women
17	17	information that includes:
18	18	(1) guidance regarding the process for verbally
19	19	screening a pregnant woman for substance use using a validated
20	20	screening tool; and
21	21	(2) a list of substance use treatment resources in
22	22	each geographic region of this state.
23	23	SECTION 2. Section 81.041, Health and Safety Code, is
24	24	amended by adding Subsection (e-1) to read as follows:
25	25	(e-1) Neonatal abstinence syndrome is a reportable health
26	26	condition under this chapter for which the executive commissioner
27	27	shall require reports for public health surveillance purposes. A
28	28	person required to report a reportable disease under Section 81.042
29	29	shall report a case of neonatal abstinence syndrome to the
30	30	department.
31	31	SECTION 3. Section 81.044, Health and Safety Code, is
32	32	amended by adding Subsection (e) to read as follows:
33	33	(e) The executive commissioner shall require a report of a
34	34	case of neonatal abstinence syndrome to omit personally identifying
35	35	information about the mother or newborn and to contain:
36	36	(1) the newborn's ethnicity, national origin, and
37	37	municipality and county of residence;
38	38	(2) the name of the newborn's attending physician;
39	39	(3) the maternal history of substance use;
40	40	(4) the drug or other substance that likely caused the
41	41	syndrome; and
42	42	(5) other information the executive commissioner
43	43	determines necessary.
44	44	SECTION 4. Chapter 161, Health and Safety Code, is amended
45	45	by adding Subchapter S-1 to read as follows:
46	46	SUBCHAPTER S-1. OPIOID DRUG USE AMONG PREGNANT WOMEN
47	47	Sec. 161.481. REVIEW OF PRESCRIPTION HISTORY. A physician
48	48	or other person authorized to attend a pregnant woman during
49	49	gestation and authorized to access prescription information under
50	50	Section 481.076(a)(5) may, during a pregnant patient's first visit
51	51	with the physician or person:
52	52	(1) review the patient's prescription history by
53	53	accessing the prescription information submitted to the Texas State
54	54	Board of Pharmacy as authorized by Section 481.076(a)(5) to assess:
55	55	(A) the pregnant patient's exposure to
56	56	prescription opioid drugs; and
57	57	(B) the possibility of the patient delivering a
58	58	newborn with neonatal abstinence syndrome; and
59	59	(2) place a record of the assessment in the patient's
60	60	medical record.
61	61	Sec. 161.482. EDUCATIONAL MATERIALS. (a) The department
62	62	shall develop educational materials on the consequences of opioid
63	63	drug use during pregnancy.
64	64	(b) The department shall make the educational materials
65	65	available on the department's Internet website.
66	66	SECTION 5. As soon as practicable after the effective date
67	67	of this Act, the executive commissioner of the Health and Human
68	68	Services Commission shall adopt rules necessary to implement the
69	69	changes in law made by this Act.
70	70	SECTION 6. (a) Not later than June 1, 2018, the Health and
71	71	Human Services Commission shall make the information regarding
72	72	verbally screening a pregnant woman for substance use and regarding
73	73	substance use treatment resources available to physicians and other
74	74	persons authorized by law to attend a pregnant woman, as required by
75	75	Section 32.081, Health and Safety Code, as added by this Act.
76	76	(b) Sections 81.041(e-1) and 81.044(e), Health and Safety
77	77	Code, as added by this Act, apply only to a case of neonatal
78	78	abstinence syndrome diagnosed in a child born on or after December
79	79	1, 2018.
80	80	(c) The Department of State Health Services shall develop
81	81	and make available the educational materials under Section 161.482,
82	82	Health and Safety Code, as added by this Act, not later than March
83	83	1, 2018.
84	84	SECTION 7. This Act takes effect on the 91st day after the
85	85	last day of the legislative session.