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A BILL TO BE ENTITLED
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AN ACT
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relating to the prescription, administration, and possession of |
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certain opioid antagonists for the treatment of suspected opioid |
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overdoses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 483, Health and Safety Code, is amended |
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by adding Subchapter E to read as follows: |
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SUBCHAPTER E. OPIOID ANTAGONISTS |
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Sec. 483.101. DEFINITIONS. In this subchapter: |
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(1) "Emergency services personnel" includes |
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firefighters, police officers and other peace officers, emergency |
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medical services personnel as defined by Section 773.003, emergency |
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room personnel, and other individuals who, in the course and scope |
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of employment or as a volunteer, provide services for the benefit of |
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the general public during emergency situations. |
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(2) "Health care professional" means a person |
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authorized by law to prescribe an opioid antagonist. |
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(3) "Opioid antagonist" means any drug that binds to |
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opioid receptors and blocks or disinhibits the effects of opioids |
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acting on those receptors. |
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(4) "Opioid-related drug overdose" means a condition, |
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evidenced by symptoms such as extreme physical illness, decreased |
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level of consciousness, respiratory depression, or coma, that a |
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layperson would reasonably believe to be the result of the |
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consumption or use of an opioid. |
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Sec. 483.102. PRESCRIPTION OF OPIOID ANTAGONIST; STANDING |
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ORDER. (a) A health care professional may, directly or by standing |
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order, prescribe, dispense, or distribute an opioid antagonist to: |
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(1) a person at risk of experiencing an opioid-related |
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drug overdose; or |
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(2) a family member, friend, or other person in a |
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position to assist a person described by Subdivision (1). |
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(b) A prescription issued under this section is considered |
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as issued for a legitimate medical purpose in the usual course of |
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professional practice. |
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(c) A health care professional who, acting in good faith and |
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with reasonable care, prescribes or dispenses an opioid antagonist |
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is not subject to any criminal or civil liability or any |
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professional disciplinary action for: |
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(1) prescribing or dispensing the opioid antagonist; |
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or |
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(2) any outcome resulting from the eventual |
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administration of the opioid antagonist. |
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Sec. 483.103. DISTRIBUTION OF OPIOID ANTAGONIST; STANDING |
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ORDER. A person or organization acting under a standing order |
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issued by a health care professional may store an opioid antagonist |
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and may dispense an opioid antagonist, provided the person or |
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organization does not request or receive compensation for storage |
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or dispensation. |
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Sec. 483.104. POSSESSION OF OPIOID ANTAGONIST. Any person |
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may possess an opioid antagonist, regardless of whether the person |
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holds a prescription for the opioid antagonist. |
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Sec. 483.105. ADMINISTRATION OF OPIOID ANTAGONIST. (a) A |
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person who, acting in good faith and with reasonable care, |
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administers an opioid antagonist to another person whom the person |
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believes is suffering an opioid-related drug overdose is not |
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subject to criminal prosecution, sanction under any professional |
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licensing statute, or civil liability, for an act or omission |
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resulting from the administration of the opioid antagonist. |
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(b) Emergency services personnel are authorized to |
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administer an opioid antagonist to a person who appears to be |
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suffering an opioid-related drug overdose, as clinically |
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indicated. |
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Sec. 483.106. CONFLICT OF LAW. To the extent of a conflict |
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between this subchapter and another law, this subchapter controls. |
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SECTION 2. (a) The change in law made by this Act relating |
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to conduct that is grounds for imposition of a disciplinary |
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sanction applies to: |
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(1) conduct that occurs before September 1, 2015, for |
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which a sanction is imposed on or after that date; or |
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(2) conduct that occurs on or after September 1, 2015. |
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(b) Conduct that occurs before September 1, 2015, to which |
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Subsection (a)(1) of this section does not apply is governed by the |
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law in effect on the date the conduct occurred, and the former law |
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is continued in effect for that purpose. |
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SECTION 3. (a) The change in law made by this Act relating |
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to conduct that is the basis for civil liability applies to: |
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(1) conduct that occurs before September 1, 2015, for |
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which judgment is entered on or after that date; or |
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(2) conduct that occurs on or after September 1, 2015. |
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(b) Conduct that occurs before September 1, 2015, to which |
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Subsection (a)(1) of this section does not apply is governed by the |
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law in effect on the date the conduct occurred, and the former law |
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is continued in effect for that purpose. |
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SECTION 4. (a) The change in law made by this Act relating |
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to conduct that constitutes a criminal offense applies to: |
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(1) an offense committed before September 1, 2015, for |
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which judgment is entered on or after that date; or |
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(2) an offense committed on or after September 1, |
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2015. |
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(b) For purposes of this section, an offense is committed |
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before September 1, 2015, if any element of the offense occurs |
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before that date. |
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(c) An offense committed before September 1, 2015, to which |
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Subsection (a)(1) of this section does not apply is governed by the |
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law in effect on the date the offense was committed, and the former |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2015. |