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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties of a prescriber issuing an opioid |
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prescription to treat acute pain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 481.07636, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 481.07636. PRESCRIBING OPIOID FOR ACUTE PAIN; |
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PRESCRIPTION LIMITS. |
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SECTION 2. Section 481.07636, Health and Safety Code, is |
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amended by adding Subsection (b-1) and amending Subsection (c) to |
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read as follows: |
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(b-1) A prescriber who prescribes an opioid to a person for |
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the treatment of acute pain shall also prescribe to the person an |
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opioid antagonist. |
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(c) Subsections [Subsection] (b) and (b-1) do [does] not |
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apply to a prescription for an opioid approved by the United States |
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Food and Drug Administration for the treatment of substance |
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addiction that is issued by a practitioner for the treatment of |
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substance addiction. |
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SECTION 3. Subchapter C, Chapter 481, Health and Safety |
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Code, is amended by adding Section 481.07637 to read as follows: |
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Sec. 481.07637. ALTERNATIVE TREATMENTS FOR ACUTE PAIN. (a) |
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In this section, "acute pain" has the meaning assigned by Section |
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481.07636. |
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(b) When issuing an opioid prescription for acute pain, a |
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prescriber shall also consider referring or prescribing any of the |
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following pain management services to a patient, based on the |
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prescriber's clinical judgment and the availability of the |
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treatment: |
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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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(c) This section does not require that all of the treatments |
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under Subsection (b) be exhausted before the patient may receive a |
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prescription for an opioid. |
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SECTION 4. Section 481.003(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The director may adopt rules to administer and enforce |
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this chapter, other than Sections 481.074, 481.075, 481.0755, |
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481.0756, 481.076, 481.0761, 481.0762, 481.0763, 481.07635, |
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481.07636, 481.07637, 481.0764, 481.0765, 481.0766, 481.0767, |
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481.0768, and 481.0769. The board may adopt rules to administer |
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Sections 481.074, 481.075, 481.0755, 481.0756, 481.076, 481.0761, |
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481.0762, 481.0763, 481.07635, 481.07636, 481.07637, 481.0764, |
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481.0765, 481.0766, 481.0767, 481.0768, and 481.0769. |
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SECTION 5. Section 554.051(a-1), Occupations Code, is |
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amended to read as follows: |
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(a-1) The board may adopt rules to administer Sections |
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481.074, 481.075, 481.0755, 481.0756, 481.076, 481.0761, 481.0762, |
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481.0763, 481.07635, 481.07636, 481.07637, 481.0764, 481.0765, |
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481.0766, 481.0767, 481.0768, and 481.0769, Health and Safety Code. |
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SECTION 6. Section 565.003, Occupations Code, as amended by |
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Chapters 1105 (H.B. 2174) and 1166 (H.B. 3284), Acts of the 86th |
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Legislature, Regular Session, 2019, is reenacted to read as |
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follows: |
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Sec. 565.003. ADDITIONAL GROUNDS FOR DISCIPLINE REGARDING |
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APPLICANT FOR OR HOLDER OF NONRESIDENT PHARMACY LICENSE. Unless |
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compliance would violate the pharmacy or drug statutes or rules in |
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the state in which the pharmacy is located, the board may discipline |
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an applicant for or the holder of a nonresident pharmacy license if |
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the board finds that the applicant or license holder has failed to |
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comply with: |
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(1) Subchapter C, Chapter 481, Health and Safety Code; |
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(2) Texas substitution requirements regarding: |
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(A) the practitioner's directions concerning |
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generic substitution; |
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(B) the patient's right to refuse generic |
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substitution; or |
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(C) notification to the patient of the patient's |
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right to refuse substitution; |
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(3) any board rule relating to providing drug |
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information to the patient or the patient's agent in written form or |
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by telephone; or |
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(4) any board rule adopted under Section 554.051(a) |
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and determined by the board to be applicable under Section |
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554.051(b). |
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SECTION 7. This Act takes effect September 1, 2025. |