Bill Text: TX HB3602 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the maintenance, administration, and disposal of opioid antagonists at school district campuses serving students in grades six and above.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-16 - Referred to Public Education [HB3602 Detail]
Download: Texas-2023-HB3602-Introduced.html
| 88R14483 GCB-D | ||
| By: Zwiener | H.B. No. 3602 | |
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| relating to the maintenance, administration, and disposal of opioid | ||
| antagonists at school district campuses serving students in grades | ||
| six and above. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 38, Education Code, is amended by adding | ||
| Subchapter E-1 to read as follows: | ||
| SUBCHAPTER E-1. MAINTENANCE, ADMINISTRATION, AND DISPOSAL OF | ||
| OPIOID ANTAGONISTS | ||
| Sec. 38.221. DEFINITIONS. In this subchapter: | ||
| (1) "Opioid antagonist" and "opioid-related drug | ||
| overdose" have the meanings assigned by Section 483.101, Health and | ||
| Safety Code. | ||
| (2) "Physician" means a person who holds a license to | ||
| practice medicine in this state. | ||
| Sec. 38.222. MAINTENANCE, ADMINISTRATION, AND DISPOSAL OF | ||
| OPIOID ANTAGONISTS. (a) Each school district shall adopt and | ||
| implement a policy regarding the maintenance, administration, and | ||
| disposal of opioid antagonists at each campus in the district that | ||
| serves students in grades 6 through 12. | ||
| (b) A policy adopted under this section must: | ||
| (1) provide that school personnel and school | ||
| volunteers 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; and | ||
| (2) require that each school district campus subject | ||
| to a policy adopted under this section have one or more school | ||
| personnel members or school volunteers authorized and trained to | ||
| administer an opioid antagonist present during regular school | ||
| hours. | ||
| (c) The supply of opioid antagonists at each school district | ||
| campus subject to a policy adopted under this section must be stored | ||
| in a secure location and be easily accessible to school personnel | ||
| and school volunteers authorized and trained to administer an | ||
| opioid antagonist. | ||
| (d) The executive commissioner of the Health and Human | ||
| Services Commission, in consultation with the commissioner of | ||
| education, shall adopt rules regarding the maintenance, | ||
| administration, and disposal of opioid antagonists at a school | ||
| district campus subject to a policy adopted under this | ||
| section. The rules must establish: | ||
| (1) the number of opioid antagonists available at each | ||
| district campus; | ||
| (2) the process for checking the inventory of opioid | ||
| antagonists at regular intervals for expiration and replacement; | ||
| and | ||
| (3) the amount of training required for school | ||
| personnel and school volunteers to administer an opioid antagonist. | ||
| Sec. 38.223. TRAINING. (a) Each school district is | ||
| responsible for training school personnel and school volunteers 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; and | ||
| (D) properly disposing of used or expired opioid | ||
| antagonists; | ||
| (2) be provided in a formal training session or | ||
| through online education; and | ||
| (3) be provided in accordance with the policy adopted | ||
| under Section 21.4515. | ||
| (c) Each school district shall maintain records on the | ||
| training required under this section. | ||
| Sec. 38.224. PRESCRIPTION OF OPIOID ANTAGONISTS. (a) A | ||
| physician or person who has been delegated prescriptive authority | ||
| under Chapter 157, Occupations Code, may prescribe opioid | ||
| antagonists in the name of a school district. | ||
| (b) A physician or other person who prescribes opioid | ||
| antagonists under Subsection (a) shall provide the school district | ||
| with a standing order for the administration of an opioid | ||
| antagonist to a person reasonably believed to be experiencing an | ||
| opioid-related drug overdose. | ||
| (c) The standing order under Subsection (b) is not required | ||
| to be patient-specific, and the opioid antagonist may be | ||
| administered to a person without a previously established | ||
| physician-patient relationship. | ||
| (d) 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. | ||
| (e) An order issued under this section must contain: | ||
| (1) the name and signature of the prescribing | ||
| physician or other person; | ||
| (2) the name of the school district 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. | ||
| (f) A pharmacist may dispense an opioid antagonist to a | ||
| school district without requiring the name or any other identifying | ||
| information relating to the user. | ||
| Sec. 38.225. NOTICE TO PARENTS. A school district shall | ||
| provide written notice to a parent or guardian of each student | ||
| enrolled at a campus in the district subject to a policy adopted | ||
| under Section 38.222. Notice required under this section must be | ||
| provided before a policy is implemented by the district and before | ||
| the start of each school year. | ||
| Sec. 38.226. GIFTS, GRANTS, AND DONATIONS. A school | ||
| district may accept gifts, grants, donations, and federal and local | ||
| funds to implement this subchapter. | ||
| Sec. 38.227. IMMUNITY FROM LIABILITY. (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 action or failure to act, including: | ||
| (1) issuing an order for opioid antagonists; | ||
| (2) supervising or delegating the administration of an | ||
| opioid antagonist; | ||
| (3) possessing, maintaining, storing, or disposing of | ||
| an opioid antagonist; | ||
| (4) prescribing an opioid antagonist; | ||
| (5) dispensing an opioid antagonist; | ||
| (6) administering, or assisting in administering, an | ||
| opioid antagonist; | ||
| (7) providing, or assisting in providing, training, | ||
| consultation, or advice in the development, adoption, or | ||
| implementation of policies, guidelines, rules, or plans; or | ||
| (8) undertaking any other act permitted or required | ||
| under this subchapter. | ||
| (b) The immunities and protections provided by this | ||
| subchapter are in addition to other immunities 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 a basis for a cause of action for an act or omission under | ||
| this subchapter. | ||
| (d) A cause of action does not arise from an act or omission | ||
| described by this section. | ||
| (e) A school district and school personnel and school | ||
| volunteers are immune from suit resulting from an act, or failure to | ||
| act, under this subchapter, including an act or failure to act under | ||
| related policies and procedures. | ||
| (f) An act or failure to act by school personnel or a school | ||
| volunteer under this subchapter, including an act or failure to act | ||
| under related policies and procedures, is the exercise of judgment | ||
| or discretion on the part of the school personnel or school | ||
| volunteer and is not considered to be a ministerial act for purposes | ||
| of liability of the school district. | ||
| Sec. 38.228. RULES. Except as otherwise provided by this | ||
| subchapter, the commissioner of education and the executive | ||
| commissioner of the Health and Human Services Commission shall | ||
| jointly adopt rules necessary to implement this subchapter. | ||
| SECTION 2. Not later than November 1, 2023: | ||
| (1) the executive commissioner of the Health and Human | ||
| Services Commission shall, in consultation with the commissioner of | ||
| education, adopt rules required under Section 38.222, Education | ||
| Code, as added by this Act; and | ||
| (2) the commissioner of education and the executive | ||
| commissioner of the Health and Human Services Commission shall | ||
| jointly adopt rules necessary to implement Subchapter E-1, Chapter | ||
| 38, Education Code, as added by this Act. | ||
| SECTION 3. Notwithstanding the effective date of this Act, | ||
| a school district is not required to comply with Section 38.222, | ||
| Education Code, as added by this Act, before January 1, 2024. | ||
| SECTION 4. 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. | ||
