Bill Text: TX SB1462 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
84R4724 JSC-D | ||
By: West | S.B. No. 1462 |
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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. |