88R15230 MPF-D
By: Talarico H.B. No. 4799
A BILL TO BE ENTITLED
AN ACT
relating to the provision of opioid antagonists to clients on
discharge from a chemical dependency treatment facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 464, Health and Safety
Code, is amended by adding Sections 464.021 and 464.0211 to read as
follows:
Sec. 464.021. PROVISION OF OPIOID ANTAGONISTS. (a) In this
section, "opioid antagonist" and "opioid-related drug overdose"
have the meanings assigned by Section 483.101, Health and Safety
Code.
(b) In a state fiscal year during which a treatment facility
licensed under this chapter receives state money by legislative
appropriation made for chemical dependency treatment or a similar
public purpose, or in which state money is otherwise made available
for the facility's use in providing chemical dependency treatment,
the facility must provide opioid antagonists to a client the
facility reasonably believes to be at risk for an opioid-related
drug overdose before discharging the client from the facility.
Sec. 464.0211. PRESCRIPTION OF OPIOID ANTAGONISTS. (a) A
physician or person who has been delegated prescriptive authority
under Chapter 157, Occupations Code, may prescribe opioid
antagonists in the name of a treatment facility licensed under this
chapter.
(b) A physician or other person who prescribes opioid
antagonists under Subsection (a) shall provide the treatment
facility with a standing order for the administration of an opioid
antagonist to a person reasonably believed to be experiencing an
opioid-related drug overdose.
(c) The standing order under Subsection (b) is not required
to be patient-specific, and the opioid antagonist may be
administered to a person without a previously established
physician-patient relationship.
(d) Notwithstanding any other provisions of law,
supervision or delegation by a physician is considered adequate if
the physician:
(1) periodically reviews the order; and
(2) is available through direct telecommunication as
needed for consultation, assistance, and direction.
(e) An order issued under this section must contain:
(1) the name and signature of the prescribing
physician or other person;
(2) the name of the treatment facility to which the
order is issued;
(3) the quantity of opioid antagonists to be obtained
and maintained under the order; and
(4) the date of issue.
(f) A pharmacist may dispense an opioid antagonist to a
treatment facility without requiring the name or any other
identifying information relating to the user.
SECTION 2. Section 464.021, Health and Safety Code, as
added by this Act, applies only to a client who is discharged from a
chemical dependency treatment facility on or after the effective
date of this Act. A client who is discharged from a facility before
that date 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 3. This Act takes effect September 1, 2023.