H.B. No. 3285
AN ACT
relating to programs and initiatives to prevent and respond to
opioid addiction, misuse, abuse, and overdose and identify and
treat co-occurring substance use disorders and mental illness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9362 to read as follows:
Sec. 51.9362. OVERDOSE AWARENESS TRAINING FOR RESIDENTIAL
ADVISORS AND STUDENT ORGANIZATION OFFICERS. (a) In this section:
(1) "Public or private institution of higher
education" includes an "institution of higher education" and a
"private or independent institution of higher education," as those
terms are defined by Section 61.003.
(2) "Residential advisor" means a student who is
employed by a public or private institution of higher education to
serve in an advisory capacity for students living in a residential
facility.
(3) "Residential facility" means a residence used
exclusively for housing or boarding students or faculty of a public
or private institution of higher education.
(4) "Student organization" includes any organization
that is composed mostly of students enrolled at a public or private
institution of higher education and that:
(A) is registered with the institution;
(B) receives student organization resource fee
revenues or other funding from the institution; or
(C) is otherwise recognized as a student
organization by the institution.
(b) A public or private institution of higher education that
imposes any mandatory training requirements on residential
advisors or officers of student organizations must ensure that
overdose awareness and appropriate response training is included
with that training.
SECTION 2. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.08205 to read as follows:
Sec. 61.08205. RESEARCH ON SUBSTANCE USE DISORDERS AND
ADDICTION. The board shall encourage health-related institutions,
as defined by Section 62.161, as added by Chapter 448 (H.B. 7), Acts
of the 84th Legislature, Regular Session, 2015, and the faculty of
those institutions to individually or through collaborative effort
conduct research, for public health purposes, regarding substance
use disorders and addiction issues involving prescription drugs.
SECTION 3. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.02253 to read as follows:
Sec. 531.02253. TELEHEALTH TREATMENT FOR SUBSTANCE USE
DISORDERS. The executive commissioner by rule shall establish a
program to increase opportunities and expand access to telehealth
treatment for substance use disorders in this state.
SECTION 4. Subchapter A, Chapter 772, Government Code, is
amended by adding Section 772.0078 to read as follows:
Sec. 772.0078. OPIOID ANTAGONIST GRANT PROGRAM. (a) In
this section:
(1) "Criminal justice division" means the criminal
justice division established under Section 772.006.
(2) "Opioid antagonist" and "opioid-related drug
overdose" have the meanings assigned by Section 483.101, Health and
Safety Code.
(b) The criminal justice division shall establish and
administer a grant program to provide financial assistance to a law
enforcement agency in this state that seeks to provide opioid
antagonists to peace officers, evidence technicians, and related
personnel who, in the course of performing their duties, are likely
to come into contact with opioids or encounter persons suffering
from an apparent opioid-related drug overdose.
(c) A law enforcement agency may apply for a grant under
this section only if the agency first adopts a policy addressing the
usage of an opioid antagonist for a person suffering from an
apparent opioid-related drug overdose.
(d) In an application for a grant under this section, the
law enforcement agency shall provide information to the criminal
justice division about the frequency and nature of:
(1) interactions between peace officers and persons
suffering from an apparent opioid-related drug overdose;
(2) calls for assistance based on an apparent
opioid-related drug overdose; and
(3) any exposure of peace officers, evidence
technicians, or related personnel to opioids or suspected opioids
in the course of performing their duties and any reactions by those
persons to those substances.
(e) A law enforcement agency receiving a grant under this
section shall, as soon as practicable after receiving the grant,
provide to the criminal justice division proof of purchase of the
opioid antagonists.
(f) The criminal justice division may use any money
available for purposes of this section.
SECTION 5. Subtitle E, Title 2, Health and Safety Code, is
amended by adding Chapter 109 to read as follows:
CHAPTER 109. STATEWIDE BEHAVIORAL HEALTH COORDINATING COUNCIL
Sec. 109.001. DEFINITION. In this chapter, "council" means
the Statewide Behavioral Health Coordinating Council.
Sec. 109.002. STATEWIDE BEHAVIORAL HEALTH STRATEGIC PLAN.
In preparing the statewide behavioral health strategic plan, the
council shall incorporate, as a separate part of that plan,
strategies regarding substance abuse issues that are developed by
the council in cooperation with the Texas Medical Board and the
Texas State Board of Pharmacy, including strategies for:
(1) addressing the challenges of existing prevention,
intervention, and treatment programs;
(2) evaluating substance use disorder prevalence
involving the abuse of opioids;
(3) identifying substance abuse treatment services
availability and gaps; and
(4) collaborating with state agencies to expand
substance abuse treatment services capacity in this state.
SECTION 6. 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.
(a) The executive commissioner by rule shall develop and the
department shall operate 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 overdose, addiction, respiratory
depression, or over-sedation; and
(2) risks involved in mixing opioids with alcohol or
other medications.
(b) This section and the statewide public awareness
campaign developed under this section expire August 31, 2023.
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 operate 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, 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 7. 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 shall annually attend at
least one hour of continuing education covering best practices,
alternative treatment options, and multi-modal approaches to pain
management that may include physical therapy, psychotherapy, and
other treatments. 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. This subsection expires August 31, 2023.
SECTION 8. Chapter 1001, Health and Safety Code, is amended
by adding Subchapter K to read as follows:
SUBCHAPTER K. DATA COLLECTION AND ANALYSIS REGARDING OPIOID
OVERDOSE DEATHS AND CO-OCCURRING SUBSTANCE USE DISORDERS
Sec. 1001.261. DATA COLLECTION AND ANALYSIS REGARDING
OPIOID OVERDOSE DEATHS AND CO-OCCURRING SUBSTANCE USE DISORDERS.
(a) The executive commissioner shall ensure that data is collected
by the department regarding opioid overdose deaths and the
co-occurrence of substance use disorders and mental illness. The
department may use data collected by the vital statistics unit and
any other source available to the department.
(b) In analyzing data collected under this section, the
department shall evaluate the capacity in this state for the
treatment of co-occurring substance use disorders and mental
illness.
SECTION 9. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.03115 to read as follows:
Sec. 32.03115. REIMBURSEMENT FOR MEDICATION-ASSISTED
TREATMENT FOR OPIOID OR SUBSTANCE USE DISORDER. (a) In this
section, "medication-assisted opioid or substance use disorder
treatment" means the use of methadone, buprenorphine, oral
buprenorphine/naloxone, or naltrexone to treat opioid or substance
use disorder.
(b) Notwithstanding Sections 531.072 and 531.073,
Government Code, or any other law and subject to Subsections (c) and
(d), the commission shall provide medical assistance reimbursement
for medication-assisted opioid or substance use disorder treatment
without requiring a recipient of medical assistance or health care
provider to obtain prior authorization or precertification for the
treatment.
(c) The duty to provide medical assistance reimbursement
for medication-assisted opioid or substance use disorder treatment
under Subsection (b) does not apply with respect to:
(1) a prescription for methadone;
(2) a recipient for whom medication-assisted opioid or
substance use disorder treatment is determined to be medically
contraindicated by the recipient's physician; or
(3) a recipient who is subject to an age-related
restriction applicable to medication-assisted opioid or substance
abuse disorder treatment.
(d) The commission may provide medical assistance
reimbursement for medication-assisted opioid or substance use
disorder treatment only if the treatment is prescribed to a
recipient of medical assistance by a licensed health care provider
who is authorized to prescribe methadone, buprenorphine, oral
buprenorphine/naloxone, or naltrexone.
(e) This section expires August 31, 2023.
SECTION 10. Section 168.002, Occupations Code, is amended
to read as follows:
Sec. 168.002. EXEMPTIONS. This chapter does not apply to:
(1) a medical or dental school or an outpatient clinic
associated with a medical or dental school;
(2) a hospital, including any outpatient facility or
clinic of a hospital;
(3) a hospice established under 40 T.A.C. Section
97.403 or defined by 42 C.F.R. Section 418.3;
(4) a facility maintained or operated by this state;
(5) a clinic maintained or operated by the United
States;
(6) a health organization certified by the board under
Section 162.001; or
(7) a clinic owned or operated by a physician who
treats patients within the physician's area of specialty and who
personally uses other forms of treatment, including surgery, with
the issuance of a prescription for a majority of the patients[; or
[(8) a clinic owned or operated by an advanced
practice nurse licensed in this state who treats patients in the
nurse's area of specialty and who personally uses other forms of
treatment with the issuance of a prescription for a majority of the
patients].
SECTION 11. Subchapter A, Chapter 554, Occupations Code, is
amended by adding Section 554.018 to read as follows:
Sec. 554.018. COMPREHENSIVE SUBSTANCE USE DISORDER
APPROACH. The board shall encourage pharmacists to participate in
a program that provides a comprehensive approach to the delivery of
early intervention and treatment services for persons with
substance use disorders and persons who are at risk of developing
substance use disorders, such as a program promoted by the
Substance Abuse and Mental Health Services Administration within
the United States Department of Health and Human Services.
SECTION 12. Section 51.9362, Education Code, as added by
this Act, applies beginning with training required for the
2019-2020 academic year.
SECTION 13. (a) 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; and
(2) establish the opioid antagonist program required
by Section 461A.059, Health and Safety Code, as added by this Act.
(b) Notwithstanding Subsection (a) of this section, if an
opioid misuse public awareness campaign described by Section
461A.058, Health and Safety Code, as added by this Act, is already
in operation as of the effective date of this Act, the Health and
Human Services Commission and the Department of State Health
Services may continue to operate that public awareness campaign to
satisfy the requirements of that section.
(c) Notwithstanding Subsection (a) of this section, if an
opioid antagonist program described by Section 461A.059, Health and
Safety Code, as added by this Act, is already in operation as of the
effective date of this Act, the Health and Human Services
Commission may continue to operate that program to satisfy the
requirements of that section.
SECTION 14. A state agency is required to implement a
provision of this Act only if the legislature appropriates money
specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the state agency
may, but is not required to, implement a provision of this Act using
other appropriations available for that purpose.
SECTION 15. If before implementing any provision of this
Act a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 16. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3285 was passed by the House on May
10, 2019, by the following vote: Yeas 119, Nays 18, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3285 on May 24, 2019, by the following vote: Yeas 124, Nays 18,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3285 was passed by the Senate, with
amendments, on May 22, 2019, by the following vote: Yeas 29, Nays
2.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor