H.B. No. 2454
AN ACT
relating to continuing education requirements for certain health
professionals regarding pain management and the prescribing of
opioids.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 156.055, Occupations Code, is amended to
read as follows:
Sec. 156.055. CONTINUING EDUCATION IN PAIN MANAGEMENT AND
PRESCRIPTION OF OPIOIDS [TREATMENT]. (a) A physician licensed
under this subtitle who submits an application for renewal of a
license that designates a direct patient care practice must
complete, in accordance with this section, not less than two hours
of continuing medical education regarding safe and effective pain
management related to the prescription of opioids and other
controlled substances, including education regarding:
(1) reasonable standards of care;
(2) the identification of drug-seeking behavior in
patients; and
(3) effectively communicating with patients regarding
the prescription of an opioid or other controlled substance.
(b) A physician must complete the hours required by
Subsection (a) in each of the first two renewal periods following
the issuance of the physician's initial registration permit under
this chapter, with two of those hours to be completed not later than
the first anniversary of the date of issuance.
(c) After the period described by Subsection (b), a
physician must complete not less than two hours of continuing
medical education described by Subsection (a) every eight years.
(d) The hours required by this section may be completed in
any continuing medical education activity approved by the board,
including medical ethics or professional responsibility education,
and may be counted toward [and whose practice includes treating
patients for pain is encouraged to include continuing medical
education in pain treatment among] the hours of continuing medical
education completed to comply with Section 156.051(a)(2).
(e) The hours required by this section may not be used to
satisfy any education required by board rule for certified pain
clinic personnel.
(f) The board shall adopt rules to implement this section.
(g) Notwithstanding Subsections (b) and (c), a physician
who on January 1, 2021, holds a license to practice medicine under
this subtitle shall complete not less than two hours of continuing
medical education described by Subsection (a) in each of the two
renewal periods occurring after that date. This subsection expires
January 1, 2026.
SECTION 2. Section 157.0513(a), Occupations Code, is
amended to read as follows:
(a) The board, the Texas Board of Nursing, and the Texas
Physician Assistant Board shall jointly develop a process:
(1) to exchange information regarding the names,
locations, and license numbers of each physician, advanced practice
registered nurse, and physician assistant who has entered into a
prescriptive authority agreement;
(2) by which each board shall immediately notify the
other boards when a license holder of the board becomes the subject
of an investigation involving the delegation and supervision of
prescriptive authority, as well as the final disposition of any
such investigation; [and]
(3) by which each board shall maintain and share a list
of the board's license holders who have been subject to a final
adverse disciplinary action for an act involving the delegation and
supervision of prescriptive authority; and
(4) to ensure that each advanced practice registered
nurse or physician assistant who has entered into a prescriptive
authority agreement authorizing the prescribing of opioids is
required to complete not less than two hours of continuing
education annually regarding safe and effective pain management
related to the prescription of opioids and other controlled
substances, including education regarding:
(A) reasonable standards of care;
(B) the identification of drug-seeking behavior
in patients; and
(C) effectively communicating with patients
regarding the prescription of an opioid or other controlled
substance.
SECTION 3. Section 257.005, Occupations Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) The board shall require a licensed dentist whose
practice includes direct patient care to complete not less than two
hours of board-approved continuing education annually regarding
safe and effective pain management related to the prescription of
opioids and other controlled substances, including education
regarding:
(1) reasonable standards of care;
(2) the identification of drug-seeking behavior in
patients; and
(3) effectively communicating with patients regarding
the prescription of an opioid or other controlled substance.
SECTION 4. The change in law made by this Act applies only
to an application for renewal of a registration permit or license
submitted on or after January 1, 2021. A renewal application
submitted before January 1, 2021, is governed by the law in effect
immediately before the effective date of this Act, and the former
law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2454 was passed by the House on May 2,
2019, by the following vote: Yeas 136, Nays 4, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2454 was passed by the Senate on May
22, 2019, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor