Bill Text: TX HB1098 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to the prescription, administration, and possession of certain opioid antagonists for the treatment of suspected opioid overdoses.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2015-03-02 - Referred to Public Health [HB1098 Detail]

Download: Texas-2015-HB1098-Introduced.html
  84R4724 JSC-D
 
  By: Johnson H.B. No. 1098
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prescription, administration, and possession of
  certain opioid antagonists for the treatment of suspected opioid
  overdoses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 483, Health and Safety Code, is amended
  by adding Subchapter E to read as follows:
  SUBCHAPTER E. OPIOID ANTAGONISTS
         Sec. 483.101.  DEFINITIONS. In this subchapter:
               (1)  "Emergency services personnel" includes
  firefighters, police officers and other peace officers, emergency
  medical services personnel as defined by Section 773.003, emergency
  room personnel, and other individuals who, in the course and scope
  of employment or as a volunteer, provide services for the benefit of
  the general public during emergency situations.
               (2)  "Health care professional" means a person
  authorized by law to prescribe an opioid antagonist.
               (3)  "Opioid antagonist" means any drug that binds to
  opioid receptors and blocks or disinhibits the effects of opioids
  acting on those receptors.
               (4)  "Opioid-related drug overdose" means a condition,
  evidenced by symptoms such as extreme physical illness, decreased
  level of consciousness, respiratory depression, or coma, that a
  layperson would reasonably believe to be the result of the
  consumption or use of an opioid.
         Sec. 483.102.  PRESCRIPTION OF OPIOID ANTAGONIST; STANDING
  ORDER. (a) A health care professional may, directly or by standing
  order, prescribe, dispense, or distribute an opioid antagonist to:
               (1)  a person at risk of experiencing an opioid-related
  drug overdose; or
               (2)  a family member, friend, or other person in a
  position to assist a person described by Subdivision (1).
         (b)  A prescription issued under this section is considered
  as issued for a legitimate medical purpose in the usual course of
  professional practice.
         (c)  A health care professional who, acting in good faith and
  with reasonable care, prescribes or dispenses an opioid antagonist
  is not subject to any criminal or civil liability or any
  professional disciplinary action for:
               (1)  prescribing or dispensing the opioid antagonist;
  or
               (2)  any outcome resulting from the eventual
  administration of the opioid antagonist.
         Sec. 483.103.  DISTRIBUTION OF OPIOID ANTAGONIST; STANDING
  ORDER. A person or organization acting under a standing order
  issued by a health care professional may store an opioid antagonist
  and may dispense an opioid antagonist, provided the person or
  organization does not request or receive compensation for storage
  or dispensation.
         Sec. 483.104.  POSSESSION OF OPIOID ANTAGONIST. Any person
  may possess an opioid antagonist, regardless of whether the person
  holds a prescription for the opioid antagonist.
         Sec. 483.105.  ADMINISTRATION OF OPIOID ANTAGONIST. (a)  A
  person who, acting in good faith and with reasonable care,
  administers an opioid antagonist to another person whom the person
  believes is suffering an opioid-related drug overdose is not
  subject to criminal prosecution, sanction under any professional
  licensing statute, or civil liability, for an act or omission
  resulting from the administration of the opioid antagonist.
         (b)  Emergency services personnel are authorized to
  administer an opioid antagonist to a person who appears to be
  suffering an opioid-related drug overdose, as clinically
  indicated.
         Sec. 483.106.  CONFLICT OF LAW. To the extent of a conflict
  between this subchapter and another law, this subchapter controls.
         SECTION 2.  (a) The change in law made by this Act relating
  to conduct that is grounds for imposition of a disciplinary
  sanction applies to:
               (1)  conduct that occurs before September 1, 2015, for
  which a sanction is imposed on or after that date; or
               (2)  conduct that occurs on or after September 1, 2015.
         (b)  Conduct that occurs before September 1, 2015, to which
  Subsection (a)(1) of this section does not apply is governed by the
  law in effect on the date the conduct occurred, and the former law
  is continued in effect for that purpose.
         SECTION 3.  (a) The change in law made by this Act relating
  to conduct that is the basis for civil liability applies to:
               (1)  conduct that occurs before September 1, 2015, for
  which judgment is entered on or after that date; or
               (2)  conduct that occurs on or after September 1, 2015.
         (b)  Conduct that occurs before September 1, 2015, to which
  Subsection (a)(1) of this section does not apply is governed by the
  law in effect on the date the conduct occurred, and the former law
  is continued in effect for that purpose.
         SECTION 4.  (a) The change in law made by this Act relating
  to conduct that constitutes a criminal offense applies to:
               (1)  an offense committed before September 1, 2015, for
  which judgment is entered on or after that date; or
               (2)  an offense committed on or after September 1,
  2015.
         (b)  For purposes of this section, an offense is committed
  before September 1, 2015, if any element of the offense occurs
  before that date.
         (c)  An offense committed before September 1, 2015, to which
  Subsection (a)(1) of this section does not apply is governed by the
  law in effect on the date the offense was committed, and the former
  law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2015.
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