Texas 2019 - 86th Regular

Texas House Bill HB3285 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3285
	1	+	By: Sheffield, et al. (Senate Sponsor - Huffman) H.B. No. 3285
	2	+	(In the Senate - Received from the House May 13, 2019;
	3	+	May 14, 2019, read first time and referred to Committee on Health &
	4	+	Human Services; May 20, 2019, reported favorably by the following
	5	+	vote: Yeas 9, Nays 0; May 20, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to programs and initiatives to prevent and respond to
6	12		opioid addiction, misuse, abuse, and overdose and identify and
7	13		treat co-occurring substance use disorders and mental illness.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9		-	SECTION 1. Subchapter Z, Chapter 51, Education Code, is
10		-	amended by adding Section 51.9362 to read as follows:
11		-	Sec. 51.9362. OVERDOSE AWARENESS TRAINING FOR RESIDENTIAL
12		-	ADVISORS AND STUDENT ORGANIZATION OFFICERS. (a) In this section:
13		-	(1) "Public or private institution of higher
14		-	education" includes an "institution of higher education" and a
15		-	"private or independent institution of higher education," as those
16		-	terms are defined by Section 61.003.
17		-	(2) "Residential advisor" means a student who is
18		-	employed by a public or private institution of higher education to
19		-	serve in an advisory capacity for students living in a residential
20		-	facility.
21		-	(3) "Residential facility" means a residence used
22		-	exclusively for housing or boarding students or faculty of a public
23		-	or private institution of higher education.
24		-	(4) "Student organization" includes any organization
25		-	that is composed mostly of students enrolled at a public or private
26		-	institution of higher education and that:
27		-	(A) is registered with the institution;
28		-	(B) receives student organization resource fee
29		-	revenues or other funding from the institution; or
30		-	(C) is otherwise recognized as a student
31		-	organization by the institution.
32		-	(b) A public or private institution of higher education that
33		-	imposes any mandatory training requirements on residential
34		-	advisors or officers of student organizations must ensure that
35		-	overdose awareness and appropriate response training is included
36		-	with that training.
37		-	SECTION 2. Subchapter C, Chapter 61, Education Code, is
	15	+	SECTION 1. Subchapter C, Chapter 61, Education Code, is
38	16		amended by adding Section 61.08205 to read as follows:
39	17		Sec. 61.08205. RESEARCH ON SUBSTANCE USE DISORDERS AND
40	18		ADDICTION. The board shall encourage health-related institutions,
41	19		as defined by Section 62.161, as added by Chapter 448 (H.B. 7), Acts
42	20		of the 84th Legislature, Regular Session, 2015, and the faculty of
43	21		those institutions to individually or through collaborative effort
44	22		conduct research, for public health purposes, regarding substance
45	23		use disorders and addiction issues involving prescription drugs.
46		-	SECTION 3. Subchapter B, Chapter 531, Government Code, is
	24	+	SECTION 2. Subchapter B, Chapter 531, Government Code, is
47	25		amended by adding Section 531.02253 to read as follows:
48	26		Sec. 531.02253. TELEHEALTH TREATMENT FOR SUBSTANCE USE
49	27		DISORDERS. The executive commissioner by rule shall establish a
50	28		program to increase opportunities and expand access to telehealth
51	29		treatment for substance use disorders in this state.
52		-	SECTION 4. Subchapter A, Chapter 772, Government Code, is
	30	+	SECTION 3. Subchapter A, Chapter 772, Government Code, is
53	31		amended by adding Section 772.0078 to read as follows:
54	32		Sec. 772.0078. OPIOID ANTAGONIST GRANT PROGRAM. (a) In
55	33		this section:
56	34		(1) "Criminal justice division" means the criminal
57	35		justice division established under Section 772.006.
58	36		(2) "Opioid antagonist" and "opioid-related drug
59	37		overdose" have the meanings assigned by Section 483.101, Health and
60	38		Safety Code.
61	39		(b) The criminal justice division shall establish and
62	40		administer a grant program to provide financial assistance to a law
63	41		enforcement agency in this state that seeks to provide opioid
64	42		antagonists to peace officers, evidence technicians, and related
65	43		personnel who, in the course of performing their duties, are likely
66	44		to come into contact with opioids or encounter persons suffering
67	45		from an apparent opioid-related drug overdose.
68	46		(c) A law enforcement agency may apply for a grant under
69	47		this section only if the agency first adopts a policy addressing the
70	48		usage of an opioid antagonist for a person suffering from an
71	49		apparent opioid-related drug overdose.
72	50		(d) In an application for a grant under this section, the
73	51		law enforcement agency shall provide information to the criminal
74	52		justice division about the frequency and nature of:
75	53		(1) interactions between peace officers and persons
76	54		suffering from an apparent opioid-related drug overdose;
77	55		(2) calls for assistance based on an apparent
78	56		opioid-related drug overdose; and
79	57		(3) any exposure of peace officers, evidence
80	58		technicians, or related personnel to opioids or suspected opioids
81	59		in the course of performing their duties and any reactions by those
82	60		persons to those substances.
83	61		(e) A law enforcement agency receiving a grant under this
84	62		section shall, as soon as practicable after receiving the grant,
85	63		provide to the criminal justice division proof of purchase of the
86	64		opioid antagonists.
87	65		(f) The criminal justice division may use any money
88	66		available for purposes of this section.
89		-	SECTION 5. Subtitle E, Title 2, Health and Safety Code, is
	67	+	SECTION 4. Subtitle E, Title 2, Health and Safety Code, is
90	68		amended by adding Chapter 109 to read as follows:
91	69		CHAPTER 109. STATEWIDE BEHAVIORAL HEALTH COORDINATING COUNCIL
92	70		Sec. 109.001. DEFINITION. In this chapter, "council" means
93	71		the Statewide Behavioral Health Coordinating Council.
94	72		Sec. 109.002. STATEWIDE BEHAVIORAL HEALTH STRATEGIC PLAN.
95	73		In preparing the statewide behavioral health strategic plan, the
96	74		council shall incorporate, as a separate part of that plan,
97	75		strategies regarding substance abuse issues that are developed by
98	76		the council in cooperation with the Texas Medical Board and the
99	77		Texas State Board of Pharmacy, including strategies for:
100	78		(1) addressing the challenges of existing prevention,
101	79		intervention, and treatment programs;
102	80		(2) evaluating substance use disorder prevalence
103	81		involving the abuse of opioids;
104	82		(3) identifying substance abuse treatment services
105	83		availability and gaps; and
106	84		(4) collaborating with state agencies to expand
107	85		substance abuse treatment services capacity in this state.
108		-	SECTION 6. Subchapter B, Chapter 461A, Health and Safety
	86	+	SECTION 5. Subchapter B, Chapter 461A, Health and Safety
109	87		Code, is amended by adding Sections 461A.058 and 461A.059 to read as
110	88		follows:
111	89		Sec. 461A.058. OPIOID MISUSE PUBLIC AWARENESS CAMPAIGN.
112	90		(a) The executive commissioner by rule shall develop and the
113		-	department shall ~~operate~~ a statewide public awareness campaign to
	91	+	department shall implement a statewide public awareness campaign to
114	92		deliver public service announcements that explain and clarify
115	93		certain risks related to opioid misuse, including:
116	94		(1) the risk of overdose, addiction, respiratory
117	95		depression, or over-sedation; and
118	96		(2) risks involved in mixing opioids with alcohol or
119	97		other medications.
120	98		(b) This section and the statewide public awareness
121	99		campaign developed under this section expire August 31, 2023.
122	100		Sec. 461A.059. OPIOID ANTAGONIST PROGRAM. (a) In this
123	101		section, "opioid antagonist" has the meaning assigned by Section
124	102		483.101.
125	103		(b) From funds available for that purpose, the executive
126		-	commissioner shall operate a program to provide opioid antagonists
127		-	for the prevention of opioid overdoses in a manner determined by the
128		-	executive commissioner to best accomplish that purpose.
	104	+	commissioner shall establish a program to provide opioid
	105	+	antagonists for the prevention of opioid overdoses in a manner
	106	+	determined by the executive commissioner to best accomplish that
	107	+	purpose.
129	108		(c) The executive commissioner may provide opioid
130	109		antagonists under the program to emergency medical services
131	110		personnel, first responders, public schools, community centers,
132	111		and other persons likely to be in a position to respond to an opioid
133	112		overdose.
134	113		(d) The commission may accept gifts, grants, and donations
135	114		to be used in administering this section.
136	115		(e) The executive commissioner shall adopt rules as
137	116		necessary to implement this section.
138		-	SECTION 7. Section 481.0764, Health and Safety Code, is
	117	+	SECTION 6. Section 481.0764, Health and Safety Code, is
139	118		amended by adding Subsection (f) to read as follows:
140	119		(f) A prescriber or dispenser whose practice includes the
141	120		prescription or dispensation of opioids shall annually attend at
142	121		least one hour of continuing education covering best practices,
143	122		alternative treatment options, and multi-modal approaches to pain
144	123		management that may include physical therapy, psychotherapy, and
145	124		other treatments. The board shall adopt rules to establish the
146	125		content of continuing education described by this subsection. The
147	126		board may collaborate with private and public institutions of
148	127		higher education and hospitals in establishing the content of the
149	128		continuing education. This subsection expires August 31, 2023.
150		-	SECTION 8. Chapter 1001, Health and Safety Code, is amended
	129	+	SECTION 7. Chapter 1001, Health and Safety Code, is amended
151	130		by adding Subchapter K to read as follows:
152	131		SUBCHAPTER K. DATA COLLECTION AND ANALYSIS REGARDING OPIOID
153	132		OVERDOSE DEATHS AND CO-OCCURRING SUBSTANCE USE DISORDERS
154	133		Sec. 1001.261. DATA COLLECTION AND ANALYSIS REGARDING
155	134		OPIOID OVERDOSE DEATHS AND CO-OCCURRING SUBSTANCE USE DISORDERS.
156	135		(a) The executive commissioner shall ensure that data is collected
157	136		by the department regarding opioid overdose deaths and the
158	137		co-occurrence of substance use disorders and mental illness. The
159	138		department may use data collected by the vital statistics unit and
160	139		any other source available to the department.
161	140		(b) In analyzing data collected under this section, the
162	141		department shall evaluate the capacity in this state for the
163	142		treatment of co-occurring substance use disorders and mental
164	143		illness.
165		-	SECTION 9. Subchapter B, Chapter 32, Human Resources Code,
	144	+	SECTION 8. Subchapter B, Chapter 32, Human Resources Code,
166	145		is amended by adding Section 32.03115 to read as follows:
167	146		Sec. 32.03115. REIMBURSEMENT FOR MEDICATION-ASSISTED
168	147		TREATMENT FOR OPIOID OR SUBSTANCE USE DISORDER. (a) In this
169	148		section, "medication-assisted opioid or substance use disorder
170	149		treatment" means the use of methadone, buprenorphine, oral
171	150		buprenorphine/naloxone, or naltrexone to treat opioid or substance
172	151		use disorder.
173	152		(b) Notwithstanding Sections 531.072 and 531.073,
174	153		Government Code, or any other law and subject to Subsections (c) and
175	154		(d), the commission shall provide medical assistance reimbursement
176	155		for medication-assisted opioid or substance use disorder treatment
177	156		without requiring a recipient of medical assistance or health care
178	157		provider to obtain prior authorization or precertification for the
179	158		treatment.
180	159		(c) The duty to provide medical assistance reimbursement
181	160		for medication-assisted opioid or substance use disorder treatment
182	161		under Subsection (b) does not apply with respect to:
183	162		(1) a prescription for methadone;
184	163		(2) a recipient for whom medication-assisted opioid or
185	164		substance use disorder treatment is determined to be medically
186	165		contraindicated by the recipient's physician; or
187	166		(3) a recipient who is subject to an age-related
188	167		restriction applicable to medication-assisted opioid or substance
189	168		abuse disorder treatment.
190	169		(d) The commission may provide medical assistance
191	170		reimbursement for medication-assisted opioid or substance use
192	171		disorder treatment only if the treatment is prescribed to a
193	172		recipient of medical assistance by a licensed health care provider
194	173		who is authorized to prescribe methadone, buprenorphine, oral
195	174		buprenorphine/naloxone, or naltrexone.
196	175		(e) This section expires August 31, 2023.
197		-	SECTION 10. Section 168.002, Occupations Code, is amended
198		-	to read as follows:
	176	+	SECTION 9. Section 168.002, Occupations Code, is amended to
	177	+	read as follows:
199	178		Sec. 168.002. EXEMPTIONS. This chapter does not apply to:
200	179		(1) a medical or dental school or an outpatient clinic
201	180		associated with a medical or dental school;
202	181		(2) a hospital, including any outpatient facility or
203	182		clinic of a hospital;
204	183		(3) a hospice established under 40 T.A.C. Section
205	184		97.403 or defined by 42 C.F.R. Section 418.3;
206	185		(4) a facility maintained or operated by this state;
207	186		(5) a clinic maintained or operated by the United
208	187		States;
209	188		(6) a health organization certified by the board under
210	189		Section 162.001; or
211	190		(7) a clinic owned or operated by a physician who
212	191		treats patients within the physician's area of specialty and who
213	192		personally uses other forms of treatment, including surgery, with
214	193		the issuance of a prescription for a majority of the patients[; or
215	194		[(8) a clinic owned or operated by an advanced
216	195		practice nurse licensed in this state who treats patients in the
217	196		nurse's area of specialty and who personally uses other forms of
218	197		treatment with the issuance of a prescription for a majority of the
219	198		patients].
220		-	SECTION 11. Subchapter A, Chapter 554, Occupations Code, is
	199	+	SECTION 10. Subchapter A, Chapter 554, Occupations Code, is
221	200		amended by adding Section 554.018 to read as follows:
222	201		Sec. 554.018. COMPREHENSIVE SUBSTANCE USE DISORDER
223	202		APPROACH. The board shall encourage pharmacists to participate in
224	203		a program that provides a comprehensive approach to the delivery of
225	204		early intervention and treatment services for persons with
226	205		substance use disorders and persons who are at risk of developing
227	206		substance use disorders, such as a program promoted by the
228	207		Substance Abuse and Mental Health Services Administration within
229	208		the United States Department of Health and Human Services.
230		-	SECTION 12. Section 51.9362, Education Code, as added by
231		-	this Act, applies beginning with training required for the
232		-	2019-2020 academic year.
233		-	SECTION 13. (a) Not later than December 1, 2019, the
234		-	executive commissioner of the Health and Human Services Commission
235		-	shall:
	209	+	SECTION 11. Not later than December 1, 2019, the executive
	210	+	commissioner of the Health and Human Services Commission shall:
236	211		(1) develop the opioid misuse public awareness
237	212		campaign required by Section 461A.058, Health and Safety Code, as
238	213		added by this Act; and
239	214		(2) establish the opioid antagonist program required
240	215		by Section 461A.059, Health and Safety Code, as added by this Act.
241		-	(b) Notwithstanding Subsection (a) of this section, if an
242		-	opioid misuse public awareness campaign described by Section
243		-	461A.058, Health and Safety Code, as added by this Act, is already
244		-	in operation as of the effective date of this Act, the Health and
245		-	Human Services Commission and the Department of State Health
246		-	Services may continue to operate that public awareness campaign to
247		-	satisfy the requirements of that section.
248		-	(c) Notwithstanding Subsection (a) of this section, if an
249		-	opioid antagonist program described by Section 461A.059, Health and
250		-	Safety Code, as added by this Act, is already in operation as of the
251		-	effective date of this Act, the Health and Human Services
252		-	Commission may continue to operate that program to satisfy the
253		-	requirements of that section.
254		-	SECTION 14. A state agency is required to implement a
255		-	provision of this Act only if the legislature appropriates money
256		-	specifically for that purpose. If the legislature does not
257		-	appropriate money specifically for that purpose, the state agency
258		-	may, but is not required to, implement a provision of this Act using
259		-	other appropriations available for that purpose.
260		-	SECTION 15. If before implementing any provision of this
	216	+	SECTION 12. If before implementing any provision of this
261	217		Act a state agency determines that a waiver or authorization from a
262	218		federal agency is necessary for implementation of that provision,
263	219		the agency affected by the provision shall request the waiver or
264	220		authorization and may delay implementing that provision until the
265	221		waiver or authorization is granted.
266		-	SECTION 16. This Act takes effect September 1, 2019.
267		-	______________________________ ______________________________
268		-	President of the Senate Speaker of the House
269		-	I certify that H.B. No. 3285 was passed by the House on May
270		-	10, 2019, by the following vote: Yeas 119, Nays 18, 1 present, not
271		-	voting; and that the House concurred in Senate amendments to H.B.
272		-	No. 3285 on May 24, 2019, by the following vote: Yeas 124, Nays 18,
273		-	2 present, not voting.
274		-	______________________________
275		-	Chief Clerk of the House
276		-	I certify that H.B. No. 3285 was passed by the Senate, with
277		-	amendments, on May 22, 2019, by the following vote: Yeas 29, Nays
278		-	2.
279		-	______________________________
280		-	Secretary of the Senate
281		-	APPROVED: __________________
282		-	Date
283		-	__________________
284		-	Governor
	222	+	SECTION 13. This Act takes effect September 1, 2019.
	223	+	* * * * *