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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of certain controlled substances by women who |
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are pregnant or may become pregnant and the designation of neonatal |
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abstinence syndrome from substance use as a reportable condition. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 32, Health and Safety Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. SUBSTANCE USE SCREENING DURING PREGNANCY |
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Sec. 32.081. SUBSTANCE USE SCREENING OF PREGNANT WOMAN. |
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The commission shall make available to physicians and other persons |
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capable of conducting a substance use screening of pregnant women |
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information that includes: |
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(1) guidance regarding the process for verbally |
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screening a pregnant woman for substance use using a validated |
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screening tool; and |
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(2) a list of substance use treatment resources in |
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each geographic region of this state. |
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SECTION 2. Section 81.041, Health and Safety Code, is |
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amended by adding Subsection (e-1) to read as follows: |
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(e-1) Neonatal abstinence syndrome is a reportable health |
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condition under this chapter for which the executive commissioner |
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shall require reports for public health surveillance purposes. A |
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person required to report a reportable disease under Section 81.042 |
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shall report a case of neonatal abstinence syndrome to the |
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department. |
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SECTION 3. Section 81.044, Health and Safety Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) The executive commissioner shall require a report of a |
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case of neonatal abstinence syndrome to omit personally identifying |
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information about the mother or newborn and to contain: |
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(1) the newborn's ethnicity, national origin, and |
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municipality and county of residence; |
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(2) the name of the newborn's attending physician; |
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(3) the maternal history of substance use; |
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(4) the drug or other substance that likely caused the |
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syndrome; and |
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(5) other information the executive commissioner |
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determines necessary. |
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SECTION 4. Chapter 161, Health and Safety Code, is amended |
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by adding Subchapter S-1 to read as follows: |
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SUBCHAPTER S-1. OPIOID DRUG USE AMONG PREGNANT WOMEN |
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Sec. 161.481. REVIEW OF PRESCRIPTION HISTORY. A physician |
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or other person authorized to attend a pregnant woman during |
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gestation and authorized to access prescription information under |
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Section 481.076(a)(5) may, during a pregnant patient's first visit |
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with the physician or person: |
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(1) review the patient's prescription history by |
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accessing the prescription information submitted to the Texas State |
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Board of Pharmacy as authorized by Section 481.076(a)(5) to assess: |
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(A) the pregnant patient's exposure to |
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prescription opioid drugs; and |
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(B) the possibility of the patient delivering a |
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newborn with neonatal abstinence syndrome; and |
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(2) place a record of the assessment in the patient's |
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medical record. |
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Sec. 161.482. EDUCATIONAL MATERIALS. (a) The department |
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shall develop educational materials on the consequences of opioid |
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drug use during pregnancy. |
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(b) The department shall make the educational materials |
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available on the department's Internet website. |
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SECTION 5. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement the |
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changes in law made by this Act. |
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SECTION 6. (a) Not later than June 1, 2018, the Health and |
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Human Services Commission shall make the information regarding |
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verbally screening a pregnant woman for substance use and regarding |
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substance use treatment resources available to physicians and other |
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persons authorized by law to attend a pregnant woman, as required by |
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Section 32.081, Health and Safety Code, as added by this Act. |
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(b) Sections 81.041(e-1) and 81.044(e), Health and Safety |
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Code, as added by this Act, apply only to a case of neonatal |
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abstinence syndrome diagnosed in a child born on or after December |
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1, 2018. |
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(c) The Department of State Health Services shall develop |
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and make available the educational materials under Section 161.482, |
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Health and Safety Code, as added by this Act, not later than March |
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1, 2018. |
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SECTION 7. This Act takes effect on the 91st day after the |
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last day of the legislative session. |