|  | 
      
        |  | 
      
        |  | 
      
        |  | AN ACT | 
      
        |  | relating to guidelines for prescribing opioid antagonists. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Subtitle B, Title 3, Occupations Code, is | 
      
        |  | amended by adding Chapter 170 to read as follows: | 
      
        |  | CHAPTER 170.  PRESCRIPTION OF OPIOID ANTAGONISTS | 
      
        |  | Sec. 170.001.  DEFINITIONS.  In this chapter, "opioid | 
      
        |  | antagonist" and "opioid-related drug overdose" have the meanings | 
      
        |  | assigned by Section 483.101, Health and Safety Code. | 
      
        |  | Sec. 170.002.  GUIDELINES.  (a)  The board shall adopt | 
      
        |  | guidelines for the prescription of opioid antagonists. | 
      
        |  | (b)  The guidelines must address: | 
      
        |  | (1)  prescribing an opioid antagonist to a patient to | 
      
        |  | whom an opioid medication is also prescribed; and | 
      
        |  | (2)  identifying patients at risk of an opioid-related | 
      
        |  | drug overdose and prescribing an opioid antagonist to that patient | 
      
        |  | or to a person in a position to administer the opioid antagonist to | 
      
        |  | that patient. | 
      
        |  | (c)  In adopting guidelines under this section, the board: | 
      
        |  | (1)  shall consult with the Texas State Board of | 
      
        |  | Pharmacy; | 
      
        |  | (2)  shall consult materials published by the Substance | 
      
        |  | Abuse and Mental Health Services Administration of the United | 
      
        |  | States Department of Health and Human Services; and | 
      
        |  | (3)  may consult other appropriate materials, | 
      
        |  | including medical journals subject to peer review and publications | 
      
        |  | by medical professional associations. | 
      
        |  | Sec. 170.003.  LIABILITY FOR ACT OR OMISSION WITH RESPECT TO | 
      
        |  | PRESCRIBING AN OPIOID ANTAGONIST.  A physician who acts in good | 
      
        |  | faith and with reasonable care, regardless of whether the physician | 
      
        |  | follows the guidelines adopted under this chapter, is not subject | 
      
        |  | to criminal or civil liability or any professional disciplinary | 
      
        |  | action for: | 
      
        |  | (1)  prescribing or failing to prescribe an opioid | 
      
        |  | antagonist; or | 
      
        |  | (2)  any outcome resulting from the eventual | 
      
        |  | administration of an opioid antagonist prescribed by the physician. | 
      
        |  | SECTION 2.  The change in law made by this Act relating to | 
      
        |  | conduct that is grounds for imposition of a disciplinary sanction | 
      
        |  | applies only to conduct that occurs on or after September 1, 2017. | 
      
        |  | Conduct that occurs before September 1, 2017, is governed by the law | 
      
        |  | in effect on the date the conduct occurred, and the former law is | 
      
        |  | continued in effect for that purpose. | 
      
        |  | SECTION 3.  The change in law made by this Act relating to | 
      
        |  | conduct that is the basis for civil liability applies only to | 
      
        |  | conduct that occurs on or after September 1, 2017.  Conduct that | 
      
        |  | occurs before September 1, 2017, is governed by the law in effect on | 
      
        |  | the date the conduct occurred, and the former law is continued in | 
      
        |  | effect for that purpose. | 
      
        |  | SECTION 4.  The change in law made by this Act relating to | 
      
        |  | conduct that constitutes a criminal offense applies only to an | 
      
        |  | offense committed on or after September 1, 2017.  For purposes of | 
      
        |  | this section, an offense is committed before September 1, 2017, if | 
      
        |  | any element of the offense occurs before that date.  An offense | 
      
        |  | committed before September 1, 2017, is governed by the law in effect | 
      
        |  | on the date the offense was committed, and the former law is | 
      
        |  | continued in effect for that purpose. | 
      
        |  | SECTION 5.  This Act takes effect September 1, 2017. | 
      
        |  |  | 
      
        |  |  | 
      
        |  | 
      
        |  | 
      
        |  | 
      
        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
        |  | 
      
        |  | I hereby certify that S.B. No. 584 passed the Senate on | 
      
        |  | April 19, 2017, by the following vote:  Yeas 31, Nays 0. | 
      
        |  |  | 
      
        |  | 
      
        |  | ______________________________ | 
      
        |  | Secretary of the Senate | 
      
        |  | 
      
        |  | I hereby certify that S.B. No. 584 passed the House on | 
      
        |  | May 24, 2017, by the following vote:  Yeas 147, Nays 0, one | 
      
        |  | present not voting. | 
      
        |  |  | 
      
        |  | 
      
        |  | ______________________________ | 
      
        |  | Chief Clerk of the House | 
      
        |  | 
      
        |  |  | 
      
        |  | 
      
        |  | Approved: | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Date | 
      
        |  |  | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Governor |