|
|
|
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. |