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HB364 • 2026

Opioids; require health care professionals to discuss opioid use prior to prescription of Schedule II controlled substances, exceptions provided

Opioids; require health care professionals to discuss opioid use prior to prescription of Schedule II controlled substances, exceptions provided

Healthcare Parental Rights
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Barnes
Last action
2026-01-29
Official status
Pending Committee Action in House of Origin
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific information about exceptions for patients under 18 years old or those receiving treatment for substance abuse. These details were inferred from the context and may need further verification.

Opioid Prescription Rules

This bill requires doctors and nurse practitioners to discuss the risks of opioid drugs with patients before prescribing them for the first time or again after two prescriptions, except in certain cases.

What This Bill Does

  • Requires health care professionals who can prescribe medicine to discuss the dangers of opioids with patients before giving out an initial prescription or a third one.
  • Includes talking about why the drug is needed and possible alternatives that don't involve opioids.
  • Explains risks like addiction, overdose, mixing drugs with alcohol or other medicines, and becoming dependent on opioids.
  • Requires doctors to write down what was discussed in the patient's medical records.

Who It Names or Affects

  • Doctors and nurse practitioners who prescribe opioids.
  • Patients receiving opioid prescriptions for the first time or after two previous prescriptions.
  • Parents or guardians of patients under 18 years old.

Terms To Know

Schedule II controlled substance
A type of drug that is highly regulated because it has a high potential for abuse and can lead to severe physical or psychological dependence.
Opioid pain relief drugs
Medicines used to treat pain, which are derived from opium or made to work like opium in the body.

Limits and Unknowns

  • The bill does not specify what happens if a doctor fails to follow these rules.
  • It is unclear how this will affect patients who do not speak English well or have limited access to healthcare.
  • There are no details on enforcement or penalties for non-compliance.

Bill History

  1. 2026-01-29 House

    Pending Committee Action in House of Origin

  2. 2026-01-29 House

    Read for the first time and referred to the House Committee on Health

Official Summary Text

Opioids; require health care professionals to discuss opioid use prior to prescription of Schedule II controlled substances, exceptions provided

Current Bill Text

Read the full stored bill text
HB364 INTRODUCED
Page 0
HB364
I373N66-1
By Representative Barnes
RFD: Health
First Read: 29-Jan-26
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I373N66-1 01/27/2026 JWB (L)JWB 2026-381
Page 1
First Read: 29-Jan-26
SYNOPSIS:
This bill would require health care
professionals with prescription authority to discuss
addiction, use, and other information regarding opioid
drug use before prescribing an initial and third
prescription for a Schedule II controlled substance or
an opioid pain relief drug, with certain exceptions.
This bill would also require these health care
professionals to make a note of the discussion of
opioid drug use in the patient's medical records.
A BILL
TO BE ENTITLED
AN ACT
Relating to opioids; to require health care
professionals to discuss certain information regarding opioid
drug use with patients before prescribing an initial and third
prescription for a Schedule II controlled substance or an
opioid pain relief drug; and to provide exceptions.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For the purposes of this section, the
term "physician" means a doctor of medicine or a doctor of
osteopathy licensed under Chapter 24 of Title 34, Code of
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HB364 INTRODUCED
Page 2
osteopathy licensed under Chapter 24 of Title 34, Code of
Alabama 1975, and "nurse practitioner" means a certified
registered nurse practitioner engaged in collaborative
practice with physicians under Section 34-21-86, Code of
Alabama 1975.
(b) Before prescribing an initial, and again before
prescribing a third, prescription for a Schedule II controlled
substance or any other opioid pain relief drug in the course
of treatment for acute or chronic pain, a physician or nurse
practitioner shall discuss with the patient the risks
associated with the drugs being prescribed, including all of
the following information:
(1) The physician's or nurse practitioner's specific
reasoning why prescribing the drug is necessary.
(2) The possible alternative treatments that may be
available to the patient.
(3) The risks of addiction and overdose when using
opioid pain relief drugs, even when using the drugs as
prescribed.
(4) The risks of taking opioid pain relief drugs with
alcohol, benzodiazepines, or other central nervous system
depressants, including the risk of fatal respiratory
depression which comes from mixing these substances with
opioid pain relief drugs .
(5) The risks of developing a physical or psychological
dependence on opioid pain relief drugs .
(6) The risks of taking more opioid pain relief drugs
than prescribed.
(c) The physician or nurse practitioner, after the
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HB364 INTRODUCED
Page 3
(c) The physician or nurse practitioner, after the
discussion with the patient, shall create a record of the
conversation in the patient's file or medical records and
state in the record the specific reason for prescribing the
drug under subdivision (a)(1).
(d) If the patient being prescribed the Schedule II
controlled substance or other opioid pain relief drug is 18
years of age or younger, the physician or nurse practitioner
shall discuss the information required under subsection (a)
with the patient's parent or legal guardian instead of the
patient.
(e) This section shall not apply to the following types
of patients:
(1) A patient who is in active treatment for a cancer
diagnosis.
(2) A patient receiving hospice care or palliative
care.
(3) A patient who is a resident of a long-term care
facility.
(4) A patient who is being prescribed the Schedule II
controlled substance or other opioid pain relief drug for
treatment of substance abuse or opioid dependence.
Section 2. This act shall become effective on October
1, 2026.
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