Bucy Bill Pairs Every Acute Pain Opioid With An Overdose-Reversal Drug

The text as introduced · 588 words

89R4878 CJD-F

By: Bucy
H.B. No. 1791

A BILL TO BE ENTITLED

AN ACT

relating to the duties of a prescriber issuing an opioid

prescription to treat acute pain.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 481.07636, Health and

Safety Code, is amended to read as follows:

Sec. 481.07636. PRESCRIBING OPIOID FOR ACUTE PAIN;

PRESCRIPTION LIMITS.

SECTION 2. Section 481.07636, Health and Safety Code, is

amended by adding Subsection (b-1) and amending Subsection (c) to

read as follows:

(b-1) A prescriber who prescribes an opioid to a person for

the treatment of acute pain shall also prescribe to the person an

opioid antagonist.

(c) Subsections [ Subsection ] (b) and (b-1) do [ does ] not

apply to a prescription for an opioid approved by the United States

Food and Drug Administration for the treatment of substance

addiction that is issued by a practitioner for the treatment of

substance addiction.

SECTION 3. Subchapter C, Chapter 481, Health and Safety

Code, is amended by adding Section 481.07637 to read as follows:

Sec. 481.07637. ALTERNATIVE TREATMENTS FOR ACUTE PAIN. (a)

In this section, "acute pain" has the meaning assigned by Section

481.07636.

(b) When issuing an opioid prescription for acute pain, a

prescriber shall also consider referring or prescribing any of the

following pain management services to a patient, based on the

prescriber's clinical judgment and the availability of the

treatment:

(1) chiropractic treatment;

(2) physical therapies;

(3) occupational therapies;

(4) physical medicine and rehabilitation; or

(5) osteopathic manipulation.

(c) This section does not require that all of the treatments

under Subsection (b) be exhausted before the patient may receive a

prescription for an opioid.

SECTION 4. Section 481.003(a), Health and Safety Code, is

amended to read as follows:

(a) The director may adopt rules to administer and enforce

this chapter, other than Sections 481.074, 481.075, 481.0755,

481.0756, 481.076, 481.0761, 481.0762, 481.0763, 481.07635,

481.07636, 481.07637, 481.0764, 481.0765, 481.0766, 481.0767,

481.0768, and 481.0769. The board may adopt rules to administer

Sections 481.074, 481.075, 481.0755, 481.0756, 481.076, 481.0761,

481.0762, 481.0763, 481.07635, 481.07636, 481.07637, 481.0764,

481.0765, 481.0766, 481.0767, 481.0768, and 481.0769.

SECTION 5. Section 554.051(a-1), Occupations Code, is

amended to read as follows:

(a-1) The board may adopt rules to administer Sections

481.074, 481.075, 481.0755, 481.0756, 481.076, 481.0761, 481.0762,

481.0763, 481.07635, 481.07636, 481.07637, 481.0764, 481.0765,

481.0766, 481.0767, 481.0768, and 481.0769, Health and Safety Code.

SECTION 6. Section 565.003, Occupations Code, as amended by

Chapters 1105 (H.B. 2174) and 1166 (H.B. 3284), Acts of the 86th

Legislature, Regular Session, 2019, is reenacted to read as

follows:

Sec. 565.003. ADDITIONAL GROUNDS FOR DISCIPLINE REGARDING

APPLICANT FOR OR HOLDER OF NONRESIDENT PHARMACY LICENSE. Unless

compliance would violate the pharmacy or drug statutes or rules in

the state in which the pharmacy is located, the board may discipline

an applicant for or the holder of a nonresident pharmacy license if

the board finds that the applicant or license holder has failed to

comply with:

(1) Subchapter C, Chapter 481, Health and Safety Code;

(2) Texas substitution requirements regarding:

(A) the practitioner's directions concerning

generic substitution;

(B) the patient's right to refuse generic

substitution; or

(C) notification to the patient of the patient's

right to refuse substitution;

(3) any board rule relating to providing drug

information to the patient or the patient's agent in written form or

by telephone; or

(4) any board rule adopted under Section 554.051(a)

and determined by the board to be applicable under Section

554.051(b).

SECTION 7. This Act takes effect September 1, 2025.