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A BILL TO BE ENTITLED
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AN ACT
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relating to general procedures and requirements for a nonopioid |
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directive. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 166, Health and Safety Code, is amended |
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by adding Subchapter F to read as follows: |
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SUBCHAPTER F. NONOPIOID DIRECTIVE |
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Sec. 166.251. DEFINITIONS. In this subchapter: |
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(1) "Adult," "agent," and "health care provider" have |
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the meanings assigned by Section 166.151. |
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(2) "Nonopioid directive" means a directive executed |
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under this subchapter. |
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(3) "Opioid" means opium and opiate and any salt, |
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compound, derivative, or preparation of opium or opiate. |
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(4) "Pharmacist" means an individual licensed under |
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Chapter 558, Occupations Code. |
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Sec. 166.252. EXECUTION. (a) A competent adult, a parent |
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or legal guardian of a minor, or an individual's guardian or agent |
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may at any time execute a nonopioid directive for the adult, minor, |
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or individual, respectively, that prohibits the administration or |
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prescription of opioids. |
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(b) A nonopioid directive must be in the form prescribed by |
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rules adopted under this subchapter and be available |
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electronically. |
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Sec. 166.253. REVOCATION. An individual executing a |
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nonopioid directive under Section 166.252 may, orally or in |
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writing, at any time revoke the directive. |
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Sec. 166.254. SUBMISSION; DUTIES OF HEALTH CARE PROVIDERS. |
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(a) A competent adult, a parent or legal guardian of a minor, or an |
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individual's guardian or agent may submit the adult's, minor's, or |
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individual's nonopioid directive to a health care provider in |
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accordance with rules adopted under this subchapter. |
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(b) Except as provided by this subchapter, a health care |
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provider receiving a nonopioid directive may not administer or |
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prescribe an opioid to the adult, minor, or individual who is the |
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subject of the directive. |
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Sec. 166.255. LIMITATION OF LIABILITY. (a) A health care |
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provider is not subject to disciplinary action by the appropriate |
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licensing authority for and is not civilly or criminally liable |
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for: |
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(1) failing to administer, prescribe, or dispense an |
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opioid in accordance with a nonopioid directive submitted to the |
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provider; or |
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(2) administering an opioid in violation of a |
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nonopioid directive for which the provider has no knowledge. |
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(b) A prescription presented to a pharmacy is presumed |
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valid. A pharmacist is not subject to disciplinary action by the |
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Texas State Board of Pharmacy and is not civilly or criminally |
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liable for dispensing an opioid in violation of a nonopioid |
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directive and in accordance with a prescription. |
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Sec. 166.256. EXCEPTIONS. This subchapter does not apply |
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to: |
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(1) emergency medical personnel; or |
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(2) a person using an opioid for the treatment of |
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substance abuse or opioid dependence if the person is authorized to |
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provide that treatment. |
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Sec. 166.257. CONSTRUCTION OF SUBCHAPTER. This subchapter |
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may not be construed to: |
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(1) alter an advance directive executed under this |
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chapter; |
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(2) limit the prescribing, administering, or |
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dispensing of an opioid used to treat an overdose; or |
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(3) limit an authorized health care provider or |
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pharmacist from prescribing, administering, or dispensing an |
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opioid for treatment of substance abuse or opioid dependence. |
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Sec. 166.258. RULES. The executive commissioner shall |
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adopt rules to implement this subchapter. The rules must: |
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(1) require a health care provider to verify a |
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nonopioid directive to the extent practicable; |
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(2) require a health care provider to comply with 42 |
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U.S.C. Section 290dd-2(b) in obtaining written consent; |
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(3) provide standard procedures for a competent adult, |
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a parent or legal guardian of a minor, or an individual's guardian |
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or agent to submit a nonopioid directive under Section 166.254; |
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(4) provide any necessary procedures for an exemption |
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under Section 16.256; and |
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(5) ensure the confidentiality of a nonopioid |
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directive. |
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Sec. 166.259. ENFORCEMENT. A health care provider who |
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violates this subchapter or a rule adopted under this subchapter is |
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subject to disciplinary action by the appropriate licensing |
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authority. |
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SECTION 2. The executive commissioner of the Health and |
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Human Services Commission shall adopt rules necessary to implement |
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Subchapter F, Chapter 166, Health and Safety Code, as added by this |
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Act, as soon as practicable after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |