Bill Text: TX SB1462 | 2015-2016 | 84th Legislature | Enrolled


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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2015-06-18 - Effective on 9/1/15 [SB1462 Detail]

Download: Texas-2015-SB1462-Enrolled.html
 
 
  S.B. No. 1462
 
 
 
 
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, 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)  "Opioid antagonist" means any drug that binds to
  opioid receptors and blocks or otherwise inhibits the effects of
  opioids acting on those receptors.
               (3)  "Opioid-related drug overdose" means a condition,
  evidenced by symptoms such as extreme physical illness, decreased
  level of consciousness, constriction of the pupils, respiratory
  depression, or coma, that a layperson would reasonably believe to
  be the result of the consumption or use of an opioid.
               (4)  "Prescriber" means a person authorized by law to
  prescribe an opioid antagonist.
         Sec. 483.102.  PRESCRIPTION OF OPIOID ANTAGONIST; STANDING
  ORDER. (a)  A prescriber may, directly or by standing order,
  prescribe 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 prescriber who, acting in good faith with reasonable
  care, prescribes or does not prescribe an opioid antagonist is not
  subject to any criminal or civil liability or any professional
  disciplinary action for:
               (1)  prescribing or failing to prescribe the opioid
  antagonist; or
               (2)  if the prescriber chooses to prescribe an opioid
  antagonist, any outcome resulting from the eventual administration
  of the opioid antagonist.
         Sec. 483.103.  DISPENSING OF OPIOID ANTAGONIST. (a)  A
  pharmacist may dispense an opioid antagonist under a valid
  prescription 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 filled under this section is considered
  as filled for a legitimate medical purpose in the usual course of
  professional practice.
         (c)  A pharmacist who, acting in good faith and with
  reasonable care, dispenses or does not dispense an opioid
  antagonist under a valid prescription is not subject to any
  criminal or civil liability or any professional disciplinary action
  for:
               (1)  dispensing or failing to dispense the opioid
  antagonist; or
               (2)  if the pharmacist chooses to dispense an opioid
  antagonist, any outcome resulting from the eventual administration
  of the opioid antagonist.
         Sec. 483.104.  DISTRIBUTION OF OPIOID ANTAGONIST; STANDING
  ORDER. A person or organization acting under a standing order
  issued by a prescriber may store an opioid antagonist and may
  distribute an opioid antagonist, provided the person or
  organization does not request or receive compensation for storage
  or distribution.
         Sec. 483.105.  POSSESSION OF OPIOID ANTAGONIST. Any person
  may possess an opioid antagonist, regardless of whether the person
  holds a prescription for the opioid antagonist.
         Sec. 483.106.  ADMINISTRATION OF OPIOID ANTAGONIST. (a)  A
  person who, acting in good faith and with reasonable care,
  administers or does not administer 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 or failure to
  administer 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. 483.107.  CONFLICT OF LAW. To the extent of a conflict
  between this subchapter and another law, this subchapter controls.
         SECTION 2.  The change in law made by this Act relating to
  conduct that is grounds for imposition of a disciplinary sanction
  applies only to conduct that occurs on or after September 1, 2015.
  Conduct that occurs before September 1, 2015, 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.  The change in law made by this Act relating to
  conduct that is the basis for civil liability applies only to
  conduct that occurs on or after September 1, 2015. Conduct that
  occurs before September 1, 2015, 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.  The change in law made by this Act relating to
  conduct that constitutes a criminal offense applies only to an
  offense committed on or after September 1, 2015. For purposes of
  this section, an offense is committed before September 1, 2015, if
  any element of the offense occurs before that date. An offense
  committed before September 1, 2015, 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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1462 passed the Senate on
  April 22, 2015, by the following vote: Yeas 30, Nays 0; and that
  the Senate concurred in House amendment on May 29, 2015, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1462 passed the House, with
  amendment, on May 26, 2015, by the following vote: Yeas 146,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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