89R4878 CJD-F
By: Bucy H.B. No. 1791
A BILL TO BE ENTITLED
AN ACT
relating to the duties of a prescriber issuing an opioid
prescription to treat acute pain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 481.07636, Health and
Safety Code, is amended to read as follows:
Sec. 481.07636. PRESCRIBING OPIOID FOR ACUTE PAIN;
PRESCRIPTION LIMITS.
SECTION 2. Section 481.07636, Health and Safety Code, is
amended by adding Subsection (b-1) and amending Subsection (c) to
read as follows:
(b-1) A prescriber who prescribes an opioid to a person for
the treatment of acute pain shall also prescribe to the person an
opioid antagonist.
(c) Subsections [Subsection] (b) and (b-1) do [does] not
apply to a prescription for an opioid approved by the United States
Food and Drug Administration for the treatment of substance
addiction that is issued by a practitioner for the treatment of
substance addiction.
SECTION 3. Subchapter C, Chapter 481, Health and Safety
Code, is amended by adding Section 481.07637 to read as follows:
Sec. 481.07637. ALTERNATIVE TREATMENTS FOR ACUTE PAIN. (a)
In this section, "acute pain" has the meaning assigned by Section
481.07636.
(b) When issuing an opioid prescription for acute pain, a
prescriber shall also consider referring or prescribing any of the
following pain management services to a patient, based on the
prescriber's clinical judgment and the availability of the
treatment:
(1) chiropractic treatment;
(2) physical therapies;
(3) occupational therapies;
(4) physical medicine and rehabilitation; or
(5) osteopathic manipulation.
(c) This section does not require that all of the treatments
under Subsection (b) be exhausted before the patient may receive a
prescription for an opioid.
SECTION 4. Section 481.003(a), Health and Safety Code, is
amended to read as follows:
(a) The director may adopt rules to administer and enforce
this chapter, other than Sections 481.074, 481.075, 481.0755,
481.0756, 481.076, 481.0761, 481.0762, 481.0763, 481.07635,
481.07636, 481.07637, 481.0764, 481.0765, 481.0766, 481.0767,
481.0768, and 481.0769. The board may adopt rules to administer
Sections 481.074, 481.075, 481.0755, 481.0756, 481.076, 481.0761,
481.0762, 481.0763, 481.07635, 481.07636, 481.07637, 481.0764,
481.0765, 481.0766, 481.0767, 481.0768, and 481.0769.
SECTION 5. Section 554.051(a-1), Occupations Code, is
amended to read as follows:
(a-1) The board may adopt rules to administer Sections
481.074, 481.075, 481.0755, 481.0756, 481.076, 481.0761, 481.0762,
481.0763, 481.07635, 481.07636, 481.07637, 481.0764, 481.0765,
481.0766, 481.0767, 481.0768, and 481.0769, Health and Safety Code.
SECTION 6. Section 565.003, Occupations Code, as amended by
Chapters 1105 (H.B. 2174) and 1166 (H.B. 3284), Acts of the 86th
Legislature, Regular Session, 2019, is reenacted to read as
follows:
Sec. 565.003. ADDITIONAL GROUNDS FOR DISCIPLINE REGARDING
APPLICANT FOR OR HOLDER OF NONRESIDENT PHARMACY LICENSE. Unless
compliance would violate the pharmacy or drug statutes or rules in
the state in which the pharmacy is located, the board may discipline
an applicant for or the holder of a nonresident pharmacy license if
the board finds that the applicant or license holder has failed to
comply with:
(1) Subchapter C, Chapter 481, Health and Safety Code;
(2) Texas substitution requirements regarding:
(A) the practitioner's directions concerning
generic substitution;
(B) the patient's right to refuse generic
substitution; or
(C) notification to the patient of the patient's
right to refuse substitution;
(3) any board rule relating to providing drug
information to the patient or the patient's agent in written form or
by telephone; or
(4) any board rule adopted under Section 554.051(a)
and determined by the board to be applicable under Section
554.051(b).
SECTION 7. This Act takes effect September 1, 2025.