86R5935 GCB-D
By: Sheffield H.B. No. 3285
A BILL TO BE ENTITLED
AN ACT
relating to programs and initiatives to prevent opioid addiction,
misuse, and abuse in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 461A, Health and Safety
Code, is amended by adding Sections 461A.058 and 461A.059 to read as
follows:
Sec. 461A.058. OPIOID MISUSE PUBLIC AWARENESS CAMPAIGN.
The executive commissioner by rule shall develop and the department
shall implement a statewide public awareness campaign to deliver
public service announcements that explain and clarify certain risks
related to opioid misuse, including:
(1) the risk of over-sedation, respiratory
depression, addiction, or overdose; and
(2) risks involved in mixing opioids with alcohol or
other medications.
Sec. 461A.059. OPIOID ANTAGONIST PROGRAM. (a) In this
section, "opioid antagonist" has the meaning assigned by Section
483.101.
(b) From funds available for that purpose, the executive
commissioner shall establish a program to provide opioid
antagonists for the prevention of opioid overdoses in a manner
determined by the executive commissioner to best accomplish that
purpose.
(c) The executive commissioner may provide opioid
antagonists under the program to emergency medical services
personnel, first responders, law enforcement agencies, public
schools, community centers, and other persons likely to be in a
position to respond to an opioid overdose.
(d) The commission may accept gifts, grants, and donations
to be used in administering this section.
(e) The executive commissioner shall adopt rules as
necessary to implement this section.
SECTION 2. Section 481.074, Health and Safety Code, is
amended by adding Subsections (r) and (s) to read as follows:
(r) A person dispensing a controlled substance under a
prescription shall provide to the person receiving the controlled
substance written notice of:
(1) the closest location at which controlled substance
prescription drugs are accepted for safe disposal; and
(2) any other drug disposal methods available at the
location at which the controlled substance is dispensed.
(s) The board shall maintain a list of locations at which
controlled substance prescription drugs are accepted for safe
disposal and make that list available on the board's Internet
website. The board shall adopt rules for the form and manner of the
written notice required under Subsection (r).
SECTION 3. Section 481.0764, Health and Safety Code, is
amended by adding Subsection (f) to read as follows:
(f) A prescriber or dispenser whose practice includes the
prescription or dispensation of opioids is encouraged to attend
continuing education covering the responsible prescribing and
dispensing of opioids and the prevention of opioid addiction,
misuse, and abuse. The board shall adopt rules to establish the
content of continuing education described by this subsection. The
board may collaborate with private and public institutions of
higher education and hospitals in establishing the content of the
continuing education.
SECTION 4. Chapter 481, Health and Safety Code, is amended
by adding Subchapter J to read as follows:
SUBCHAPTER J. OPIOID PRESCRIPTION WORK GROUP
Sec. 481.401. DEFINITION. In this subchapter, "work group"
means the Opioid Prescription Work Group established under this
subchapter.
Sec. 481.402. WORK GROUP ESTABLISHMENT; DUTIES. The Opioid
Prescription Work Group is established to assist the executive
commissioner in developing and implementing:
(1) a method of standardized reporting across state
agencies to improve communication and analysis of information
concerning opioid addiction, misuse, and abuse;
(2) an opioid patient outreach program to promote
communication between pharmacies and patients who are prescribed
opioids concerning the responsible disposal of opioids that are not
consumed by the patient;
(3) an opioid safe disposal program; and
(4) guidelines for the medically appropriate use of
opioids in the treatment of chronic pain and in the provision of
palliative care and end-of-life care.
Sec. 481.403. WORK GROUP MEMBERSHIP. The work group is
composed of:
(1) the executive commissioner or the executive
commissioner's designee;
(2) the director or the director's designee;
(3) a representative of the board; and
(4) a representative of each state agency responsible
for issuing a license, certification, or registration authorizing a
person to prescribe or dispense an opioid, including the Texas
Medical Board, the State Board of Dental Examiners, and the State
Board of Veterinary Medical Examiners.
Sec. 481.404. RULES. The executive commissioner shall
adopt rules as necessary to implement this subchapter.
SECTION 5. Not later than December 1, 2019, the executive
commissioner of the Health and Human Services Commission shall:
(1) develop the opioid misuse public awareness
campaign required by Section 461A.058, Health and Safety Code, as
added by this Act;
(2) establish the opioid antagonist program required
by Section 461A.059, Health and Safety Code, as added by this Act;
and
(3) adopt rules necessary to implement Subchapter J,
Chapter 481, Health and Safety Code, as added by this Act.
SECTION 6. Not later than December 1, 2019, the Texas State
Board of Pharmacy shall develop and make available the list
required under Section 481.074(s), Health and Safety Code, as added
by this Act, and adopt the rules required under that subsection.
SECTION 7. Section 481.074(r), Health and Safety Code, as
added by this Act, applies only to a controlled substance dispensed
on or after January 1, 2020.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.