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A BILL TO BE ENTITLED
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AN ACT
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relating to continuing education requirements for certain health |
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professionals regarding pain management and the prescribing of |
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opioids. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 156.055, Occupations Code, is amended to |
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read as follows: |
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Sec. 156.055. CONTINUING EDUCATION IN PAIN MANAGEMENT AND |
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PRESCRIPTION OF OPIOIDS [TREATMENT]. (a) A physician licensed |
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under this subtitle who submits an application for renewal of a |
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license that designates a direct patient care practice must |
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complete, in accordance with this section, not less than two hours |
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of continuing medical education regarding safe and effective pain |
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management related to the prescription of opioids and other |
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controlled substances, including education regarding: |
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(1) reasonable standards of care; |
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(2) the identification of drug-seeking behavior in |
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patients; and |
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(3) effectively communicating with patients regarding |
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the prescription of an opioid or other controlled substance. |
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(b) A physician must complete the hours required by |
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Subsection (a) in each of the first two renewal periods following |
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the issuance of the physician's initial registration permit under |
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this chapter, with two of those hours to be completed not later than |
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the first anniversary of the date of issuance. |
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(c) After the period described by Subsection (b), a |
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physician must complete not less than two hours of continuing |
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medical education described by Subsection (a) every eight years. |
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(d) The hours required by this section may be completed in |
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any continuing medical education activity approved by the board, |
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including medical ethics or professional responsibility education, |
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and may be counted toward [and whose practice includes treating
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patients for pain is encouraged to include continuing medical
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education in pain treatment among] the hours of continuing medical |
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education completed to comply with Section 156.051(a)(2). |
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(e) The hours required by this section may not be used to |
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satisfy any education required by board rule for certified pain |
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clinic personnel. |
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(f) The board shall adopt rules to implement this section. |
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(g) Notwithstanding Subsections (b) and (c), a physician |
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who on January 1, 2021, holds a license to practice medicine under |
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this subtitle shall complete not less than two hours of continuing |
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medical education described by Subsection (a) in each of the two |
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renewal periods occurring after that date. This subsection expires |
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January 1, 2026. |
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SECTION 2. Section 157.0513(a), Occupations Code, is |
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amended to read as follows: |
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(a) The board, the Texas Board of Nursing, and the Texas |
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Physician Assistant Board shall jointly develop a process: |
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(1) to exchange information regarding the names, |
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locations, and license numbers of each physician, advanced practice |
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registered nurse, and physician assistant who has entered into a |
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prescriptive authority agreement; |
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(2) by which each board shall immediately notify the |
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other boards when a license holder of the board becomes the subject |
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of an investigation involving the delegation and supervision of |
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prescriptive authority, as well as the final disposition of any |
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such investigation; [and] |
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(3) by which each board shall maintain and share a list |
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of the board's license holders who have been subject to a final |
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adverse disciplinary action for an act involving the delegation and |
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supervision of prescriptive authority; and |
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(4) to ensure that each advanced practice registered |
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nurse or physician assistant who has entered into a prescriptive |
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authority agreement authorizing the prescribing of opioids is |
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required to complete not less than two hours of continuing |
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education annually regarding safe and effective pain management |
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related to the prescription of opioids and other controlled |
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substances, including education regarding: |
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(A) reasonable standards of care; |
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(B) the identification of drug-seeking behavior |
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in patients; and |
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(C) effectively communicating with patients |
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regarding the prescription of an opioid or other controlled |
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substance. |
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SECTION 3. Section 257.005, Occupations Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) The board shall require a licensed dentist whose |
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practice includes direct patient care to complete not less than two |
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hours of board-approved continuing education annually regarding |
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safe and effective pain management related to the prescription of |
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opioids and other controlled substances, including education |
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regarding: |
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(1) reasonable standards of care; |
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(2) the identification of drug-seeking behavior in |
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patients; and |
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(3) effectively communicating with patients regarding |
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the prescription of an opioid or other controlled substance. |
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SECTION 4. The change in law made by this Act applies only |
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to an application for renewal of a registration permit or license |
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submitted on or after January 1, 2021. A renewal application |
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submitted before January 1, 2021, is governed by the law in effect |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |