Bill Text: TX HB1791 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the duties of a prescriber issuing an opioid prescription to treat acute pain.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-08 - Filed [HB1791 Detail]
Download: Texas-2025-HB1791-Introduced.html
| 89R4878 CJD-F | ||
| By: Bucy | H.B. No. 1791 | |
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| 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 [ |
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| 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. | ||
