H.B. No. 3285
 
 
 
 
AN ACT
  relating to programs and initiatives to prevent and respond to
  opioid addiction, misuse, abuse, and overdose and identify and
  treat co-occurring substance use disorders and mental illness.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Section 51.9362 to read as follows:
         Sec. 51.9362.  OVERDOSE AWARENESS TRAINING FOR RESIDENTIAL
  ADVISORS AND STUDENT ORGANIZATION OFFICERS. (a) In this section:
               (1)  "Public or private institution of higher
  education" includes an "institution of higher education" and a
  "private or independent institution of higher education," as those
  terms are defined by Section 61.003.
               (2)  "Residential advisor" means a student who is
  employed by a public or private institution of higher education to
  serve in an advisory capacity for students living in a residential
  facility.
               (3)  "Residential facility" means a residence used
  exclusively for housing or boarding students or faculty of a public
  or private institution of higher education.
               (4)  "Student organization" includes any organization
  that is composed mostly of students enrolled at a public or private
  institution of higher education and that:
                     (A)  is registered with the institution;
                     (B)  receives student organization resource fee
  revenues or other funding from the institution; or
                     (C)  is otherwise recognized as a student
  organization by the institution.
         (b)  A public or private institution of higher education that
  imposes any mandatory training requirements on residential
  advisors or officers of student organizations must ensure that
  overdose awareness and appropriate response training is included
  with that training.
         SECTION 2.  Subchapter C, Chapter 61, Education Code, is
  amended by adding Section 61.08205 to read as follows:
         Sec. 61.08205.  RESEARCH ON SUBSTANCE USE DISORDERS AND
  ADDICTION. The board shall encourage health-related institutions,
  as defined by Section 62.161, as added by Chapter 448 (H.B. 7), Acts
  of the 84th Legislature, Regular Session, 2015, and the faculty of
  those institutions to individually or through collaborative effort
  conduct research, for public health purposes, regarding substance
  use disorders and addiction issues involving prescription drugs.
         SECTION 3.  Subchapter B, Chapter 531, Government Code, is
  amended by adding Section 531.02253 to read as follows:
         Sec. 531.02253.  TELEHEALTH TREATMENT FOR SUBSTANCE USE
  DISORDERS. The executive commissioner by rule shall establish a
  program to increase opportunities and expand access to telehealth
  treatment for substance use disorders in this state.
         SECTION 4.  Subchapter A, Chapter 772, Government Code, is
  amended by adding Section 772.0078 to read as follows:
         Sec. 772.0078.  OPIOID ANTAGONIST GRANT PROGRAM. (a) In
  this section:
               (1)  "Criminal justice division" means the criminal
  justice division established under Section 772.006.
               (2)  "Opioid antagonist" and "opioid-related drug
  overdose" have the meanings assigned by Section 483.101, Health and
  Safety Code.
         (b)  The criminal justice division shall establish and
  administer a grant program to provide financial assistance to a law
  enforcement agency in this state that seeks to provide opioid
  antagonists to peace officers, evidence technicians, and related
  personnel who, in the course of performing their duties, are likely
  to come into contact with opioids or encounter persons suffering
  from an apparent opioid-related drug overdose.
         (c)  A law enforcement agency may apply for a grant under
  this section only if the agency first adopts a policy addressing the
  usage of an opioid antagonist for a person suffering from an
  apparent opioid-related drug overdose.
         (d)  In an application for a grant under this section, the
  law enforcement agency shall provide information to the criminal
  justice division about the frequency and nature of:
               (1)  interactions between peace officers and persons
  suffering from an apparent opioid-related drug overdose;
               (2)  calls for assistance based on an apparent
  opioid-related drug overdose; and
               (3)  any exposure of peace officers, evidence
  technicians, or related personnel to opioids or suspected opioids
  in the course of performing their duties and any reactions by those
  persons to those substances.
         (e)  A law enforcement agency receiving a grant under this
  section shall, as soon as practicable after receiving the grant,
  provide to the criminal justice division proof of purchase of the
  opioid antagonists.
         (f)  The criminal justice division may use any money
  available for purposes of this section.
         SECTION 5.  Subtitle E, Title 2, Health and Safety Code, is
  amended by adding Chapter 109 to read as follows:
  CHAPTER 109. STATEWIDE BEHAVIORAL HEALTH COORDINATING COUNCIL
         Sec. 109.001.  DEFINITION. In this chapter, "council" means
  the Statewide Behavioral Health Coordinating Council.
         Sec. 109.002.  STATEWIDE BEHAVIORAL HEALTH STRATEGIC PLAN.
  In preparing the statewide behavioral health strategic plan, the
  council shall incorporate, as a separate part of that plan,
  strategies regarding substance abuse issues that are developed by
  the council in cooperation with the Texas Medical Board and the
  Texas State Board of Pharmacy, including strategies for:
               (1)  addressing the challenges of existing prevention,
  intervention, and treatment programs;
               (2)  evaluating substance use disorder prevalence
  involving the abuse of opioids;
               (3)  identifying substance abuse treatment services
  availability and gaps; and
               (4)  collaborating with state agencies to expand
  substance abuse treatment services capacity in this state.
         SECTION 6.  Subchapter B, Chapter 461A, Health and Safety
  Code, is amended by adding Sections 461A.058 and 461A.059 to read as
  follows:
         Sec. 461A.058.  OPIOID MISUSE PUBLIC AWARENESS CAMPAIGN.
  (a)  The executive commissioner by rule shall develop and the
  department shall operate a statewide public awareness campaign to
  deliver public service announcements that explain and clarify
  certain risks related to opioid misuse, including:
               (1)  the risk of overdose, addiction, respiratory
  depression, or over-sedation; and
               (2)  risks involved in mixing opioids with alcohol or
  other medications.
         (b)  This section and the statewide public awareness
  campaign developed under this section expire August 31, 2023.
         Sec. 461A.059.  OPIOID ANTAGONIST PROGRAM. (a) In this
  section, "opioid antagonist" has the meaning assigned by Section
  483.101.
         (b)  From funds available for that purpose, the executive
  commissioner shall operate a program to provide opioid antagonists
  for the prevention of opioid overdoses in a manner determined by the
  executive commissioner to best accomplish that purpose.
         (c)  The executive commissioner may provide opioid
  antagonists under the program to emergency medical services
  personnel, first responders, public schools, community centers,
  and other persons likely to be in a position to respond to an opioid
  overdose.
         (d)  The commission may accept gifts, grants, and donations
  to be used in administering this section.
         (e)  The executive commissioner shall adopt rules as
  necessary to implement this section.
         SECTION 7.  Section 481.0764, Health and Safety Code, is
  amended by adding Subsection (f) to read as follows:
         (f)  A prescriber or dispenser whose practice includes the
  prescription or dispensation of opioids shall annually attend at
  least one hour of continuing education covering best practices,
  alternative treatment options, and multi-modal approaches to pain
  management that may include physical therapy, psychotherapy, and
  other treatments.  The board shall adopt rules to establish the
  content of continuing education described by this subsection. The
  board may collaborate with private and public institutions of
  higher education and hospitals in establishing the content of the
  continuing education.  This subsection expires August 31, 2023.
         SECTION 8.  Chapter 1001, Health and Safety Code, is amended
  by adding Subchapter K to read as follows:
  SUBCHAPTER K. DATA COLLECTION AND ANALYSIS REGARDING OPIOID
  OVERDOSE DEATHS AND CO-OCCURRING SUBSTANCE USE DISORDERS
         Sec. 1001.261.  DATA COLLECTION AND ANALYSIS REGARDING
  OPIOID OVERDOSE DEATHS AND CO-OCCURRING SUBSTANCE USE DISORDERS.  
  (a)  The executive commissioner shall ensure that data is collected
  by the department regarding opioid overdose deaths and the
  co-occurrence of substance use disorders and mental illness.  The
  department may use data collected by the vital statistics unit and
  any other source available to the department.
         (b)  In analyzing data collected under this section, the
  department shall evaluate the capacity in this state for the
  treatment of co-occurring substance use disorders and mental
  illness.
         SECTION 9.  Subchapter B, Chapter 32, Human Resources Code,
  is amended by adding Section 32.03115 to read as follows:
         Sec. 32.03115.  REIMBURSEMENT FOR MEDICATION-ASSISTED
  TREATMENT FOR OPIOID OR SUBSTANCE USE DISORDER. (a) In this
  section, "medication-assisted opioid or substance use disorder
  treatment" means the use of methadone, buprenorphine, oral
  buprenorphine/naloxone, or naltrexone to treat opioid or substance
  use disorder.
         (b)  Notwithstanding Sections 531.072 and 531.073,
  Government Code, or any other law and subject to Subsections (c) and
  (d), the commission shall provide medical assistance reimbursement
  for medication-assisted opioid or substance use disorder treatment
  without requiring a recipient of medical assistance or health care
  provider to obtain prior authorization or precertification for the
  treatment.
         (c)  The duty to provide medical assistance reimbursement
  for medication-assisted opioid or substance use disorder treatment
  under Subsection (b) does not apply with respect to:
               (1)  a prescription for methadone;
               (2)  a recipient for whom medication-assisted opioid or
  substance use disorder treatment is determined to be medically
  contraindicated by the recipient's physician; or
               (3)  a recipient who is subject to an age-related
  restriction applicable to medication-assisted opioid or substance
  abuse disorder treatment.
         (d)  The commission may provide medical assistance
  reimbursement for medication-assisted opioid or substance use
  disorder treatment only if the treatment is prescribed to a
  recipient of medical assistance by a licensed health care provider
  who is authorized to prescribe methadone, buprenorphine, oral
  buprenorphine/naloxone, or naltrexone.
         (e)  This section expires August 31, 2023.
         SECTION 10.  Section 168.002, Occupations Code, is amended
  to read as follows:
         Sec. 168.002.  EXEMPTIONS.  This chapter does not apply to:
               (1)  a medical or dental school or an outpatient clinic
  associated with a medical or dental school;
               (2)  a hospital, including any outpatient facility or
  clinic of a hospital;
               (3)  a hospice established under 40 T.A.C. Section
  97.403 or defined by 42 C.F.R. Section 418.3;
               (4)  a facility maintained or operated by this state;
               (5)  a clinic maintained or operated by the United
  States;
               (6)  a health organization certified by the board under
  Section 162.001; or
               (7)  a clinic owned or operated by a physician who
  treats patients within the physician's area of specialty and who
  personally uses other forms of treatment, including surgery, with
  the issuance of a prescription for a majority of the patients[; or
               [(8)     a clinic owned or operated by an advanced
  practice nurse licensed in this state who treats patients in the
  nurse's area of specialty and who personally uses other forms of
  treatment with the issuance of a prescription for a majority of the
  patients].
         SECTION 11.  Subchapter A, Chapter 554, Occupations Code, is
  amended by adding Section 554.018 to read as follows:
         Sec. 554.018.  COMPREHENSIVE SUBSTANCE USE DISORDER
  APPROACH. The board shall encourage pharmacists to participate in
  a program that provides a comprehensive approach to the delivery of
  early intervention and treatment services for persons with
  substance use disorders and persons who are at risk of developing
  substance use disorders, such as a program promoted by the
  Substance Abuse and Mental Health Services Administration within
  the United States Department of Health and Human Services.
         SECTION 12.  Section 51.9362, Education Code, as added by
  this Act, applies beginning with training required for the
  2019-2020 academic year.
         SECTION 13.  (a) Not later than December 1, 2019, the
  executive commissioner of the Health and Human Services Commission
  shall:
               (1)  develop the opioid misuse public awareness
  campaign required by Section 461A.058, Health and Safety Code, as
  added by this Act; and
               (2)  establish the opioid antagonist program required
  by Section 461A.059, Health and Safety Code, as added by this Act.
         (b)  Notwithstanding Subsection (a) of this section, if an
  opioid misuse public awareness campaign described by Section
  461A.058, Health and Safety Code, as added by this Act, is already
  in operation as of the effective date of this Act, the Health and
  Human Services Commission and the Department of State Health
  Services may continue to operate that public awareness campaign to
  satisfy the requirements of that section.
         (c)  Notwithstanding Subsection (a) of this section, if an
  opioid antagonist program described by Section 461A.059, Health and
  Safety Code, as added by this Act, is already in operation as of the
  effective date of this Act, the Health and Human Services
  Commission may continue to operate that program to satisfy the
  requirements of that section.
         SECTION 14.  A state agency is required to implement a
  provision of this Act only if the legislature appropriates money
  specifically for that purpose. If the legislature does not
  appropriate money specifically for that purpose, the state agency
  may, but is not required to, implement a provision of this Act using
  other appropriations available for that purpose.
         SECTION 15.  If before implementing any provision of this
  Act a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 16.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3285 was passed by the House on May
  10, 2019, by the following vote:  Yeas 119, Nays 18, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3285 on May 24, 2019, by the following vote:  Yeas 124, Nays 18,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3285 was passed by the Senate, with
  amendments, on May 22, 2019, by the following vote:  Yeas 29, Nays
  2.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor