Bill Text: TX SB1462 | 2015-2016 | 84th Legislature | Engrossed
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-Engrossed.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-Engrossed.html
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, 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, 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. |