86R7572 SCL-D
By: Dean H.B. No. 2085
A BILL TO BE ENTITLED
AN ACT
relating to general procedures and requirements for a nonopioid
directive.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 166, Health and Safety Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. NONOPIOID DIRECTIVE
Sec. 166.251. DEFINITIONS. In this subchapter:
(1) "Adult," "agent," and "health care provider" have
the meanings assigned by Section 166.151.
(2) "Nonopioid directive" means a directive executed
under this subchapter.
(3) "Opioid" means opium and opiate and any salt,
compound, derivative, or preparation of opium or opiate.
(4) "Pharmacist" means an individual licensed under
Chapter 558, Occupations Code.
Sec. 166.252. EXECUTION. (a) A competent adult, a parent
or legal guardian of a minor, or an individual's guardian or agent
may at any time execute a nonopioid directive for the adult, minor,
or individual, respectively, that prohibits the administration or
prescription of opioids.
(b) A nonopioid directive must be in the form prescribed by
rules adopted under this subchapter and be available
electronically.
Sec. 166.253. REVOCATION. An individual executing a
nonopioid directive under Section 166.252 may, orally or in
writing, at any time revoke the directive.
Sec. 166.254. SUBMISSION; DUTIES OF HEALTH CARE PROVIDERS.
(a) A competent adult, a parent or legal guardian of a minor, or an
individual's guardian or agent may submit the adult's, minor's, or
individual's nonopioid directive to a health care provider in
accordance with rules adopted under this subchapter.
(b) Except as provided by this subchapter, a health care
provider receiving a nonopioid directive may not administer or
prescribe an opioid to the adult, minor, or individual who is the
subject of the directive.
Sec. 166.255. LIMITATION OF LIABILITY. (a) A health care
provider is not subject to disciplinary action by the appropriate
licensing authority for and is not civilly or criminally liable
for:
(1) failing to administer, prescribe, or dispense an
opioid in accordance with a nonopioid directive submitted to the
provider; or
(2) administering an opioid in violation of a
nonopioid directive for which the provider has no knowledge.
(b) A prescription presented to a pharmacy is presumed
valid. A pharmacist is not subject to disciplinary action by the
Texas State Board of Pharmacy and is not civilly or criminally
liable for dispensing an opioid in violation of a nonopioid
directive and in accordance with a prescription.
Sec. 166.256. EXCEPTIONS. This subchapter does not apply
to:
(1) emergency medical personnel; or
(2) a person using an opioid for the treatment of
substance abuse or opioid dependence if the person is authorized to
provide that treatment.
Sec. 166.257. CONSTRUCTION OF SUBCHAPTER. This subchapter
may not be construed to:
(1) alter an advance directive executed under this
chapter;
(2) limit the prescribing, administering, or
dispensing of an opioid used to treat an overdose; or
(3) limit an authorized health care provider or
pharmacist from prescribing, administering, or dispensing an
opioid for treatment of substance abuse or opioid dependence.
Sec. 166.258. RULES. The executive commissioner shall
adopt rules to implement this subchapter. The rules must:
(1) require a health care provider to verify a
nonopioid directive to the extent practicable;
(2) require a health care provider to comply with 42
U.S.C. Section 290dd-2(b) in obtaining written consent;
(3) provide standard procedures for a competent adult,
a parent or legal guardian of a minor, or an individual's guardian
or agent to submit a nonopioid directive under Section 166.254;
(4) provide any necessary procedures for an exemption
under Section 16.256; and
(5) ensure the confidentiality of a nonopioid
directive.
Sec. 166.259. ENFORCEMENT. A health care provider who
violates this subchapter or a rule adopted under this subchapter is
subject to disciplinary action by the appropriate licensing
authority.
SECTION 2. The executive commissioner of the Health and
Human Services Commission shall adopt rules necessary to implement
Subchapter F, Chapter 166, Health and Safety Code, as added by this
Act, as soon as practicable after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2019.