The 2019 Texas Legislature enacted three new laws that will change the way physicians prescribe opioids.
House Bill 3284 by Rep. J.D. Sheffield, DO (R-Gatesville), delays the mandate for physicians check the state’s prescription monitoring program, known as PMP Aware, for prescriptions tied to opioids, benzodiazepines, barbiturates, and carisoprodol. The bill pushes back the requirement from Sept. 1, 2019, to March 1, 2020.
The Texas Medical Association pushed for the delay, which will give electronic health record (EHR) vendors more time to make software changes that will allow prescribers to access PMP Aware directly from their EHR. The bill requires electronic prescribing of opioids unless a waiver is granted. Electronic prescribing diminishes the chance of opioids being misused.
HB 3284 works in tandem with the Supplemental Budget Bill – Senate Bill 500, by Sen. Jane Nelson (R-Flower Mound). SB 500 provides about $6 million to the Board of Pharmacy to upgrade the PMP and to purchase user licenses for all prescribers and pharmacists to have electronic access to the PMP through their EHRs. This will save physicians about $50 per year in fees.
Finally, House Bill 2174 by Rep. John Zerwas, MD (R-Richmond) sets opioid prescription limits for acute pain. Opioid prescriptions for acute pain may not exceed 10 days and cannot include any refills. This does not include treatments for substance abuse, chronic pain, or cancer care. It also does not include any end-of-life care, like palliative care or hospice.
Likewise, the law changes some prior authorization rules on opioids. Namely, it provides that medication-assisted opioid or substance abuse disorder treatment will be approved under Medicaid without prior authorization or precertification. This will be done except when needed to minimize fraud, waste, and abuse.
For more information on electronic prescribing, visit TMA’s online prescribing resource center, or contact TMA's HIT Department at (800) 880-5720 or by email.