Texas 2019 - 86th Regular

Texas House Bill HB2085 Compare Versions

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

Old	New	Differences
1	1	86R7572 SCL-D
2	2	By: Dean H.B. No. 2085
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to general procedures and requirements for a nonopioid
8	8	directive.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 166, Health and Safety Code, is amended
11	11	by adding Subchapter F to read as follows:
12	12	SUBCHAPTER F. NONOPIOID DIRECTIVE
13	13	Sec. 166.251. DEFINITIONS. In this subchapter:
14	14	(1) "Adult," "agent," and "health care provider" have
15	15	the meanings assigned by Section 166.151.
16	16	(2) "Nonopioid directive" means a directive executed
17	17	under this subchapter.
18	18	(3) "Opioid" means opium and opiate and any salt,
19	19	compound, derivative, or preparation of opium or opiate.
20	20	(4) "Pharmacist" means an individual licensed under
21	21	Chapter 558, Occupations Code.
22	22	Sec. 166.252. EXECUTION. (a) A competent adult, a parent
23	23	or legal guardian of a minor, or an individual's guardian or agent
24	24	may at any time execute a nonopioid directive for the adult, minor,
25	25	or individual, respectively, that prohibits the administration or
26	26	prescription of opioids.
27	27	(b) A nonopioid directive must be in the form prescribed by
28	28	rules adopted under this subchapter and be available
29	29	electronically.
30	30	Sec. 166.253. REVOCATION. An individual executing a
31	31	nonopioid directive under Section 166.252 may, orally or in
32	32	writing, at any time revoke the directive.
33	33	Sec. 166.254. SUBMISSION; DUTIES OF HEALTH CARE PROVIDERS.
34	34	(a) A competent adult, a parent or legal guardian of a minor, or an
35	35	individual's guardian or agent may submit the adult's, minor's, or
36	36	individual's nonopioid directive to a health care provider in
37	37	accordance with rules adopted under this subchapter.
38	38	(b) Except as provided by this subchapter, a health care
39	39	provider receiving a nonopioid directive may not administer or
40	40	prescribe an opioid to the adult, minor, or individual who is the
41	41	subject of the directive.
42	42	Sec. 166.255. LIMITATION OF LIABILITY. (a) A health care
43	43	provider is not subject to disciplinary action by the appropriate
44	44	licensing authority for and is not civilly or criminally liable
45	45	for:
46	46	(1) failing to administer, prescribe, or dispense an
47	47	opioid in accordance with a nonopioid directive submitted to the
48	48	provider; or
49	49	(2) administering an opioid in violation of a
50	50	nonopioid directive for which the provider has no knowledge.
51	51	(b) A prescription presented to a pharmacy is presumed
52	52	valid. A pharmacist is not subject to disciplinary action by the
53	53	Texas State Board of Pharmacy and is not civilly or criminally
54	54	liable for dispensing an opioid in violation of a nonopioid
55	55	directive and in accordance with a prescription.
56	56	Sec. 166.256. EXCEPTIONS. This subchapter does not apply
57	57	to:
58	58	(1) emergency medical personnel; or
59	59	(2) a person using an opioid for the treatment of
60	60	substance abuse or opioid dependence if the person is authorized to
61	61	provide that treatment.
62	62	Sec. 166.257. CONSTRUCTION OF SUBCHAPTER. This subchapter
63	63	may not be construed to:
64	64	(1) alter an advance directive executed under this
65	65	chapter;
66	66	(2) limit the prescribing, administering, or
67	67	dispensing of an opioid used to treat an overdose; or
68	68	(3) limit an authorized health care provider or
69	69	pharmacist from prescribing, administering, or dispensing an
70	70	opioid for treatment of substance abuse or opioid dependence.
71	71	Sec. 166.258. RULES. The executive commissioner shall
72	72	adopt rules to implement this subchapter. The rules must:
73	73	(1) require a health care provider to verify a
74	74	nonopioid directive to the extent practicable;
75	75	(2) require a health care provider to comply with 42
76	76	U.S.C. Section 290dd-2(b) in obtaining written consent;
77	77	(3) provide standard procedures for a competent adult,
78	78	a parent or legal guardian of a minor, or an individual's guardian
79	79	or agent to submit a nonopioid directive under Section 166.254;
80	80	(4) provide any necessary procedures for an exemption
81	81	under Section 16.256; and
82	82	(5) ensure the confidentiality of a nonopioid
83	83	directive.
84	84	Sec. 166.259. ENFORCEMENT. A health care provider who
85	85	violates this subchapter or a rule adopted under this subchapter is
86	86	subject to disciplinary action by the appropriate licensing
87	87	authority.
88	88	SECTION 2. The executive commissioner of the Health and
89	89	Human Services Commission shall adopt rules necessary to implement
90	90	Subchapter F, Chapter 166, Health and Safety Code, as added by this
91	91	Act, as soon as practicable after the effective date of this Act.
92	92	SECTION 3. This Act takes effect September 1, 2019.