| |
| |
|
|
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. |