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A BILL TO BE ENTITLED
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AN ACT
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relating to the prescribing of opioids for acute pain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.07636, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 481.07636. OPIOID PRESCRIPTION LIMITS. (a) In this |
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section, "acute pain" means the normal, predicted, physiological |
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response to a stimulus such as trauma, disease, and operative |
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procedures. Acute pain is time limited. The term does not include: |
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(1) chronic pain; |
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(2) pain being treated as part of cancer care; |
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(3) pain being treated as part of hospice or other |
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end-of-life care; or |
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(4) pain being treated as part of palliative care. |
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(b) For the treatment of acute pain, a practitioner may not: |
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(1) issue a prescription for an opioid in an amount |
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that exceeds a 10-day supply; or |
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(2) provide for a refill of an opioid. |
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(c) Subsection (b) does not apply to a prescription for an |
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opioid approved by the United States Food and Drug Administration |
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for the treatment of substance addiction that is issued by a |
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practitioner for the treatment of substance addiction. |
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(d) A dispenser is not subject to criminal, civil, or |
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administrative penalties for dispensing or refusing to dispense a |
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controlled substance under a prescription that exceeds the limits |
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provided by Subsection (b). |
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(e) A practitioner shall refer or prescribe any of the |
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following non-pharmacological pain management services to a |
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patient, based on the prescriber's clinical judgment and the |
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availability of the treatment, when issuing an opioid prescription |
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for acute pain: |
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(1) chiropractic treatment; |
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(2) physical therapies; |
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(3) occupational therapies; |
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(4) physical medicine and rehabilitation; or |
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(5) osteopathic manipulation. |
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(f) Nothing in this Section shall require that all |
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treatments set forth in Subsection 481.07636 (e) be exhausted prior |
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to the patient receiving a prescription for an opioid. |