Bill Text: TX HB3338 | 2023-2024 | 88th Legislature | Comm Sub

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Bill Title: Relating to measures to prevent and respond to opioid-related drug overdoses, including policies and training regarding the use of opioid antagonists, at student residences on campuses of public institutions of higher education; providing immunity.

Spectrum: Strong Partisan Bill (Democrat 13-1)

Status: (Engrossed - Dead) 2023-05-24 - Removed from local & uncontested calendar [HB3338 Detail]

Download: Texas-2023-HB3338-Comm_Sub.html

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By: Cole, et al. (Senate Sponsor - Johnson) H.B. No. 3338
(In the Senate - Received from the House May 3, 2023;
May 5, 2023, read first time and referred to Subcommittee on Higher
Education; May 18, 2023, reported favorably from Committee on
Education by the following vote: Yeas 13, Nays 0; May 18, 2023,
sent to printer.)
Click here to see the committee vote

A BILL TO BE ENTITLED
AN ACT
relating to measures to prevent and respond to opioid-related drug
overdoses, including policies and training regarding the use of
opioid antagonists, at student residences on campuses of public
institutions of higher education; providing immunity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 51, Education Code, is amended by adding
Subchapter Y-2 to read as follows:
SUBCHAPTER Y-2. PROVIDING OPIOID ANTAGONISTS AT CAMPUS RESIDENCE
HALLS
Sec. 51.891. DEFINITIONS. In this subchapter:
(1) "Campus" means an educational unit under the
management and control of an institution of higher education and
may include, in addition to the main campus, off-campus and
secondary locations, such as branch campuses, teaching locations,
and regional centers.
(2) "Employee" means an employee of an institution of
higher education.
(3) "Institution of higher education" has the meaning
assigned by Section 61.003.
(4) "Opioid antagonist" and "opioid-related drug
overdose" have the meanings assigned by Section 483.101, Health and
Safety Code.
(5) "Physician" means a person who holds a license to
practice medicine in this state.
Sec. 51.892. REQUIRED POLICY REGARDING OPIOID ANTAGONISTS
IN RESIDENCE HALLS. (a) Each institution of higher education shall
adopt and implement a policy providing for:
(1) the availability of opioid antagonists at each
residence hall on the institution's campus, including provisions
for the acquisition, maintenance, storage, administration, and
disposal of those devices; and
(2) the training of resident advisors in the proper
use of those devices.
(b) The policy adopted under Subsection (a) must provide
that resident advisors who are authorized and trained may
administer an opioid antagonist to a person who is reasonably
believed to be experiencing an opioid-related drug overdose in a
residence hall on the institution's campus.
(c) The commissioner of the Texas Higher Education
Coordinating Board with advice from the commissioner of state
health services shall adopt rules regarding the maintenance,
storage, administration, and disposal of an opioid antagonist to be
used in residence halls on the campus of an institution of higher
education subject to a policy adopted under Subsection (a). The
rules must establish:
(1) the process for each institution of higher
education to check the inventory of opioid antagonists at regular
intervals for expiration and replacement; and
(2) the amount of training required for resident
advisors to administer an opioid antagonist.
(d) Each institution of higher education:
(1) must require that all resident advisors be
authorized and trained to administer an opioid antagonist; and
(2) shall include the policy in the institution's
student handbook or similar publication and publish the policy on
the institution's Internet website.
(e) The supply of opioid antagonists at a campus must be
stored in a secure location at each residence hall, and be easily
accessible to resident advisors and other employees or volunteers
authorized and trained to administer an opioid antagonist.
Sec. 51.893. REPORT ON ADMINISTERING OPIOID ANTAGONIST.
(a) Not later than the 10th business day after the date a resident
advisor, employee, or volunteer administers an opioid antagonist in
accordance with a policy adopted under Section 51.892, the
institution of higher education shall report the information
required under Subsection (b) to the physician who prescribed the
opioid antagonist.
(b) The report required under this section must include the
following information:
(1) the age of the person who received the
administration of the opioid antagonist;
(2) whether the person who received the administration
of the opioid antagonist was a student, employee, or visitor;
(3) the physical location where the opioid antagonist
was administered;
(4) the number of doses of opioid antagonist
administered;
(5) the title of the person who administered the
opioid antagonist; and
(6) any other information required by the commissioner
of higher education.
Sec. 51.894. TRAINING. (a) Each institution of higher
education is responsible for training resident advisors in the
administration of an opioid antagonist.
(b) Training required under this section must:
(1) include information on:
(A) recognizing the signs and symptoms of an
opioid-related drug overdose;
(B) administering an opioid antagonist;
(C) implementing emergency procedures, if
necessary, after administering an opioid antagonist;
(D) the required alerting of emergency medical
services during or immediately after the administration of the
opioid antagonist; and
(E) properly disposing of used or expired opioid
antagonists;
(2) be provided to resident advisors along with any
other mandatory training the institution imposes, in a formal
training session or through online education, and be completed
annually; and
(3) provide an opportunity to address frequently asked
questions.
(c) Each institution of higher education shall maintain
records on the training required under this section.
Sec. 51.895. PRESCRIPTION OF OPIOID ANTAGONISTS. (a) A
physician may prescribe opioid antagonists in the name of an
institution of higher education. The physician shall provide the
institution with a standing order for the administration of an
opioid antagonist to a person reasonably believed to be
experiencing an opioid-related drug overdose.
(b) The standing order under Subsection (a) is not required
to be patient-specific, and the opioid antagonist may be
administered to a person without an established physician-patient
relationship.
(c) Notwithstanding any other provisions of law,
supervision or delegation by a physician is considered adequate if
the physician:
(1) periodically reviews the order; and
(2) is available through direct telecommunication as
needed for consultation, assistance, and direction.
(d) An order issued under this section must contain:
(1) the name and signature of the prescribing
physician;
(2) the name of the institution of higher education to
which the order is issued;
(3) the quantity of opioid antagonists to be obtained
and maintained under the order; and
(4) the date of issue.
(e) A pharmacist may dispense an opioid antagonist to an
institution of higher education for purposes of this subchapter
without requiring the name or any other identifying information
relating to the user.
Sec. 51.896. GIFTS, GRANTS, AND DONATIONS. An institution
of higher education may accept gifts, grants, donations, and
federal funds to implement this subchapter.
Sec. 51.897. RULES. The commissioner of higher education
shall adopt rules necessary to implement this subchapter.
Sec. 51.898. IMMUNITIES. (a) A person who in good faith
takes, or fails to take, any action under this subchapter is immune
from civil or criminal liability or disciplinary action resulting
from that act or failure to act, including:
(1) issuing an order for opioid antagonists;
(2) supervising or delegating the administration of an
opioid antagonist;
(3) possessing an opioid antagonist;
(4) maintaining an opioid antagonist;
(5) storing an opioid antagonist;
(6) disposing of an opioid antagonist;
(7) prescribing an opioid antagonist;
(8) dispensing an opioid antagonist;
(9) administering, or assisting in administering, an
opioid antagonist;
(10) providing, or assisting in providing, training,
consultation, or advice in the development, adoption, or
implementation of policies, guidelines, rules, or plans regarding
the availability and use of an opioid antagonist; or
(11) undertaking any other act permitted or required
under this subchapter.
(b) The immunity provided by Subsection (a) is in addition
to other immunity or limitations of liability provided by law.
(c) Notwithstanding any other law, this subchapter does not
create a civil, criminal, or administrative cause of action or
liability or create a standard of care, obligation, or duty that
provides the basis for a cause of action for an act or omission
under this subchapter.
(d) An institution of higher education is immune from suit
resulting from an act, or failure to act, of any person under this
subchapter, including an act or failure to act under related
policies and procedures.
(e) A cause of action does not arise from an act or omission
described by this section.
(f) A person acting in good faith who reports or requests
emergency medical assistance for a person who is reasonably
believed to be experiencing an opioid-related drug overdose in a
residence hall on campus:
(1) is immune from civil liability, and from criminal
liability for offenses under Section 481.115(b), 481.1151(b)(1),
481.116(b), 481.1161(b)(1), 481.1161(b)(2), 481.117(b),
481.118(b), 481.119(b), 481.121(b)(1), 481.121(b)(2), 481.125(a),
483.041(a), or 485.031(a), Health and Safety Code, that might
otherwise be incurred or imposed as a result of those actions; and
(2) may not be subjected to any disciplinary action by
the institution of higher education at which the person is enrolled
or employed for any violation by the person of the institution's
code of conduct reasonably related to the incident unless
suspension or expulsion from the institution is a possible
punishment.
SECTION 2. Each institution of higher education to which
Subchapter Y-2, Chapter 51, Education Code, as added by this Act,
applies shall implement that subchapter as soon as practicable, but
not later than the 2024 fall semester.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
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