85R10585 JG-D     By: Miles S.B. No. 1774       A BILL TO BE ENTITLED   AN ACT   relating to the use of certain controlled substances by women who   are pregnant or may become pregnant and the designation of neonatal   abstinence syndrome from substance use as a reportable condition.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 32, Health and Safety Code, is amended by   adding Subchapter E to read as follows:   SUBCHAPTER E.  SUBSTANCE USE SCREENING DURING PREGNANCY          Sec. 32.081.  INITIAL SUBSTANCE USE SCREENING OF PREGNANT   WOMAN. (a)  At the first health care visit with a pregnant woman, a   physician or other person authorized by law to attend a pregnant   woman during gestation shall screen the pregnant woman for   substance use.  The physician or other person shall conduct the   screening verbally using a validated screening tool in accordance   with the screening recommendations provided by the American College   of Obstetricians and Gynecologists.          (b)  The commission shall make available to physicians and   other persons required to conduct a substance use screening under   this section information that includes:                 (1)  guidance regarding the process for verbally   screening a pregnant woman for substance use using a validated   screening tool; and                 (2)  a list of substance abuse treatment resources in   each geographic region of this state.          SECTION 2.  Section 81.041, Health and Safety Code, is   amended by adding Subsection (e-1) to read as follows:          (e-1)  Neonatal abstinence syndrome is a reportable health   condition under this chapter for which the executive commissioner   shall require reports for public health surveillance purposes. A   person required to report a reportable disease under Section 81.042   shall report a case of neonatal abstinence syndrome to the   department.          SECTION 3.  Section 81.044, Health and Safety Code, is   amended by adding Subsection (e) to read as follows:          (e)  For a case of neonatal abstinence syndrome, the   executive commissioner shall require the reports to omit personally   identifying information about the mother or newborn and to contain:                (1)  the newborn's ethnicity, national origin, and   municipality and county of residence;                (2)  the name of the newborn's attending physician;                (3)  the maternal history of substance use;                (4)  the drug or other substance that likely caused the   syndrome; and                (5)  other information the executive commissioner   determines necessary.          SECTION 4.  Chapter 161, Health and Safety Code, is amended   by adding Subchapter S-1 to read as follows:   SUBCHAPTER S-1.  OPIOID DRUG USE AMONG PREGNANT WOMEN          Sec. 161.481.  REVIEW OF PRESCRIPTION HISTORY. (a)  A   physician or other person authorized to attend a pregnant woman   during gestation and authorized to access prescription information   under Section 481.076(a)(5) shall, during a pregnant patient's   first visit with the physician or person:                (1)  review the patient's prescription history by   accessing the prescription information submitted to the Texas State   Board of Pharmacy as authorized by Section 481.076(a)(5) to assess:                      (A)  the pregnant patient's exposure to   prescription opioid drugs; and                      (B)  the possibility of the patient delivering a   newborn with neonatal abstinence syndrome; and                (2)  place a record of the assessment in the patient's   medical record.          (b)  A physician or other person described by Subsection (a)   is not required to review a pregnant patient's prescription history   if the physician or other person verifies the patient's medical   record contains a record of the assessment described by Subsection   (a).          SECTION 5.  Subtitle A, Title 3, Occupations Code, is   amended by adding Chapter 107A to read as follows:   CHAPTER 107A. PRESCRIBING OPIOID DRUGS TO CERTAIN PATIENTS          Sec. 107A.001.  DEFINITIONS.  In this chapter:                (1)  "Department" means the Department of State Health   Services.                (2)  "Executive commissioner" means the executive   commissioner of the Health and Human Services Commission.          Sec. 107A.002.  APPLICABILITY. This chapter applies to a   health care provider authorized by law to prescribe an opioid drug   in the course of professional practice in this state.          Sec. 107A.003.  REQUIREMENTS FOR PRESCRIBING OPIOID DRUG TO   FEMALE PATIENT OF CHILDBEARING AGE. (a)  Before a health care   provider may issue an opioid drug prescription to a female patient   of childbearing age, the provider shall, in accordance with rules   adopted by the executive commissioner, counsel the patient on and   provide the patient with the educational materials described by   Section 107A.004 regarding the consequences of opioid drug use   during pregnancy.          (b)  If the female patient is a minor, the health care   provider shall also counsel and provide the educational materials   under Subsection (a) to the patient's parent, conservator, or   guardian, or other person authorized to consent to the minor's   medical treatment.          (c)  The health care provider shall document in the female   patient's medical record that the provider complied with Subsection   (a) and, if applicable, Subsection (b).          Sec. 107A.004.  EDUCATIONAL MATERIALS. (a)  The department   shall develop educational materials on the consequences of opioid   drug use during pregnancy.          (b)  The department shall make the educational materials   available on the department's Internet website.          Sec. 107A.005.  RULES.  The executive commissioner shall   adopt rules necessary to implement this chapter.          SECTION 6.  As soon as practicable after the effective date   of this Act, the executive commissioner of the Health and Human   Services Commission shall adopt rules necessary to implement the   changes in law made by this Act.          SECTION 7.  (a)  Not later than March 1, 2018, the Health and   Human Services Commission shall make the information regarding   verbally screening a pregnant woman for substance use and regarding   substance abuse treatment resources available to physicians and   other persons authorized by law to attend a pregnant woman, as   required by Section 32.081(b), Health and Safety Code, as added by   this Act.  A physician or other person authorized by law to attend a   pregnant woman during gestation is not required to conduct the   verbal substance use screening required by Section 32.081(a),   Health and Safety Code, as added by this Act, before September 1,   2018.          (b)  Sections 81.041(e-1) and 81.044(e), Health and Safety   Code, as added by this Act, apply only to a case of neonatal   abstinence syndrome diagnosed in a child born on or after September   1, 2018.          (c)  Notwithstanding Subchapter S-1, Chapter 161, Health and   Safety Code, as added by this Act, a person is not required to   comply with the requirements of Section 161.481, Health and Safety   Code, as added by this Act, before March 1, 2018.          (d)  The Department of State Health Services shall develop   and make available the educational materials under Section   107A.004, Occupations Code, as added by this Act, not later than   December 1, 2017.  Chapter 107A, Occupations Code, as added by this   Act applies only to a prescription issued on or after January 1,   2018. A prescription issued before January 1, 2018, 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 8.  This Act takes effect September 1, 2017.