Bill Text: TX HB4799 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the provision of opioid antagonists to clients on discharge from a chemical dependency treatment facility.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to Public Health [HB4799 Detail]
Download: Texas-2023-HB4799-Introduced.html
88R15230 MPF-D | ||
By: Talarico | H.B. No. 4799 |
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relating to the provision of opioid antagonists to clients on | ||
discharge from a chemical dependency treatment facility. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 464, Health and Safety | ||
Code, is amended by adding Sections 464.021 and 464.0211 to read as | ||
follows: | ||
Sec. 464.021. PROVISION OF OPIOID ANTAGONISTS. (a) In this | ||
section, "opioid antagonist" and "opioid-related drug overdose" | ||
have the meanings assigned by Section 483.101, Health and Safety | ||
Code. | ||
(b) In a state fiscal year during which a treatment facility | ||
licensed under this chapter receives state money by legislative | ||
appropriation made for chemical dependency treatment or a similar | ||
public purpose, or in which state money is otherwise made available | ||
for the facility's use in providing chemical dependency treatment, | ||
the facility must provide opioid antagonists to a client the | ||
facility reasonably believes to be at risk for an opioid-related | ||
drug overdose before discharging the client from the facility. | ||
Sec. 464.0211. PRESCRIPTION OF OPIOID ANTAGONISTS. (a) A | ||
physician or person who has been delegated prescriptive authority | ||
under Chapter 157, Occupations Code, may prescribe opioid | ||
antagonists in the name of a treatment facility licensed under this | ||
chapter. | ||
(b) A physician or other person who prescribes opioid | ||
antagonists under Subsection (a) shall provide the treatment | ||
facility with a standing order for the administration of an opioid | ||
antagonist to a person reasonably believed to be experiencing an | ||
opioid-related drug overdose. | ||
(c) The standing order under Subsection (b) is not required | ||
to be patient-specific, and the opioid antagonist may be | ||
administered to a person without a previously established | ||
physician-patient relationship. | ||
(d) Notwithstanding any other provisions of law, | ||
supervision or delegation by a physician is considered adequate if | ||
the physician: | ||
(1) periodically reviews the order; and | ||
(2) is available through direct telecommunication as | ||
needed for consultation, assistance, and direction. | ||
(e) An order issued under this section must contain: | ||
(1) the name and signature of the prescribing | ||
physician or other person; | ||
(2) the name of the treatment facility to which the | ||
order is issued; | ||
(3) the quantity of opioid antagonists to be obtained | ||
and maintained under the order; and | ||
(4) the date of issue. | ||
(f) A pharmacist may dispense an opioid antagonist to a | ||
treatment facility without requiring the name or any other | ||
identifying information relating to the user. | ||
SECTION 2. Section 464.021, Health and Safety Code, as | ||
added by this Act, applies only to a client who is discharged from a | ||
chemical dependency treatment facility on or after the effective | ||
date of this Act. A client who is discharged from a facility before | ||
that date is governed by the law in effect immediately before the | ||
effective date of this Act, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2023. |