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HB364 INTRODUCED
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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
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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
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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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(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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