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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, emergency medical services personnel as defined by |
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Section 773.003, emergency room personnel, and other individuals |
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who, in the course and scope of employment or as a volunteer, |
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provide services for the benefit of the general public during |
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emergency situations. |
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(2) "Opioid antagonist" means any drug that binds to |
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opioid receptors and blocks or otherwise inhibits the effects of |
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opioids acting on those receptors. |
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(3) "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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(4) "Prescriber" means a person authorized by law to |
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prescribe an opioid antagonist. |
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Sec. 483.102. PRESCRIPTION OF OPIOID ANTAGONIST; STANDING |
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ORDER. (a) A prescriber may, directly or by standing order, |
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prescribe 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 prescriber who, acting in good faith with reasonable |
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care, prescribes or does not prescribe an opioid antagonist is not |
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subject to any criminal or civil liability or any professional |
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disciplinary action for: |
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(1) prescribing or failing to prescribe the opioid |
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antagonist; or |
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(2) if the prescriber chooses to prescribe an opioid |
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antagonist, any outcome resulting from the eventual administration |
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of the opioid antagonist. |
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Sec. 483.103. DISPENSING OF OPIOID ANTAGONIST. (a) A |
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pharmacist may dispense an opioid antagonist under a valid |
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prescription 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 filled under this section is considered |
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as filled for a legitimate medical purpose in the usual course of |
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professional practice. |
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(c) A pharmacist who, acting in good faith and with |
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reasonable care, dispenses or does not dispense an opioid |
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antagonist under a valid prescription is not subject to any |
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criminal or civil liability or any professional disciplinary action |
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for: |
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(1) dispensing or failing to dispense the opioid |
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antagonist; or |
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(2) if the pharmacist chooses to dispense an opioid |
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antagonist, any outcome resulting from the eventual administration |
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of the opioid antagonist. |
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Sec. 483.104. 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 prescriber may store an opioid antagonist and may |
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distribute 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 distribution. |
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Sec. 483.105. 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. 483.106. 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 or does not administer an opioid antagonist to another |
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person whom the person believes is suffering an opioid-related drug |
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overdose is not subject to criminal prosecution, sanction under any |
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professional licensing statute, or civil liability, for an act or |
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omission resulting from the administration of or failure to |
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administer 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. 483.107. 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. The change in law made by this Act relating to |
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conduct that is grounds for imposition of a disciplinary sanction |
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applies only to conduct that occurs on or after September 1, 2015. |
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Conduct that occurs before September 1, 2015, is governed by the law |
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in effect on the date the conduct occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. The change in law made by this Act relating to |
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conduct that is the basis for civil liability applies only to |
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conduct that occurs on or after September 1, 2015. Conduct that |
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occurs before September 1, 2015, is governed by the law in effect on |
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the date the conduct occurred, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. The change in law made by this Act relating to |
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conduct that constitutes a criminal offense applies only to an |
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offense committed on or after September 1, 2015. For purposes of |
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this section, an offense is committed before September 1, 2015, if |
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any element of the offense occurs before that date. An offense |
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committed before September 1, 2015, is governed by the law in effect |
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on the date the offense was committed, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2015. |
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