HB 2539

ON APRIL 22, 2026, THE HOUSE ADOPTED AMENDMENT #8 AND PASSED HOUSE BILL 2539, AS AMENDED. AMENDMENT #8 rewrites the bill to, instead, remove the requirement in present law that the commissioner of health report annually on the outcome of the controlled substance database reporting program with respect to its effect on the distribution of cont rolled substances. Further, this amendment removes the requirement in present law that the controlled substance database committee file an annual report with the appropriate committees of the senate and house of representatives analyzing the tracking of in dividuals or entities that access the controlled substance database and the security measures taken to ensure that only authorized persons have access. Present law requires the commissioner of health, in consultation with regulatory boards that license healthcare practitioners, to provide a letter to the governor, the speaker of the senate, the house of representatives, and the appropriate committees of the senate and house of representatives that includes updated information on the impact and effects of restrictions on treating patients with opioids. This amendment removes such requirement. Present law requires the commissioner of health and each appropriate occupational licensing board governing licenses of persons who can legally prescribe or dispense controlled substances to prepare a comprehensive report on actions relative to prescript ion drug abuse and pain management clinics to the general assembly annually. This amendment removes such requirement. Present law requires the commissioner of health to report a summary of data concerning licensed prescribers whose prescribing patterns of controlled substances represent statistical outliers, top opioid prescribers, and high-risk opioid subscribers. Suc h summary report must include any disciplinary action taken or pending by a licensing board. This amendment, instead, requires the commissioner of health to annually report to the chairs of the appropriate senate and house committees a summary of the dat a concerning such prescribers, disciplinary action taken against prescribers or pain management clinics, distribution and abuse of controlled substances, and access to the controlled substance database. SUICIDE PREVENTION The "Kenneth and Madge Tullis, MD, Suicide Prevention Training Act"" requires licensed or certified social workers, marriage and family therapists, professional counselors, pastoral counselors, alcohol and drug abuse counselors, and occupational therapist s to complete a training program on suicide prevention, suicide assessment and screening, suicide treatment, suicide management, and suicide postvention at least once every four years. This amendment also requires a person licensed by the board of examin er s in psychology to complete such training. This amendment requires the department of health to publish an annual report by December 31, 2026, and each December 31st thereafter, stating the total number of attempted suicides and completed suicides that have occurred in this state using the most re cent year of final data available. The report must also be sent to all members of the general assembly within seven calendar days of publication. PALLIATIVE CARE Present law establishes the state palliative care and quality of life council to continually asses the current status of palliative care and review the barriers that exist that prevent such care from being obtained and utilized. For the purpose of such council, present law defines ""palliative care"" to mean an approach that approves the quality of life of patients and their families facing the problems associated with chronic life-threatening illness, through the prevention and relief of suffering by mea ns of early identification, assessment, and treatment of pain and other physical, psychosocial, and spiritual problems. This includes discussions involving a patient's goals for treatment; discussions involving appropriate treatment options; and comprehens ive pain and symptom management. This amendment, instead, defines ""palliative care"" to mean specialized care focused on providing relief from physical, psychosocial, and spiritual suffering, in order to maximize quality of life for both the patient and the family, that is provided for p eople facing a health condition that carries a high risk of mortality, and (i) negatively impacts a person's daily function; (ii) negatively impacts a person's quality of life; and (iii) excessively strains the person's caretaker. RULES When legislation is enacted by the general assembly that requires a board administratively attached to the department of health to promulgate rules, this amendment provides that such board retains the exclusive authority to promulgate such rules until 60 days before the effective date of the legislation. However, if the board has not promulgated emergency rules and scheduled the rulemaking hearing at least 60 days before the effective date of the legislation, then the commissioner of health becomes the e xc lusive authority to promulgate rules required by the legislation. When the commissioner of health has received such authority, the commissioner must (i) promulgate emergency rules within the time required by the legislation; and (ii) promulgate permanent rules within 180 days of the effective date of the emergency rules. This amendment provides that the exclusive right to promulgate rules returns to the appropriate board upon the completion of the commissioner's requirements. Further, the board is authorized to amend the permanent rules promulgated by the commissioner o f health. The rules promulgated by the commissioner of health remain in full force and effect unless and until they are amended by the board."