Texas 2015 - 84th Regular

Texas House Bill HB1098 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R4724 JSC-D
2	2	By: Johnson H.B. No. 1098
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prescription, administration, and possession of
8	8	certain opioid antagonists for the treatment of suspected opioid
9	9	overdoses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 483, Health and Safety Code, is amended
12	12	by adding Subchapter E to read as follows:
13	13	SUBCHAPTER E. OPIOID ANTAGONISTS
14	14	Sec. 483.101. DEFINITIONS. In this subchapter:
15	15	(1) "Emergency services personnel" includes
16	16	firefighters, police officers and other peace officers, emergency
17	17	medical services personnel as defined by Section 773.003, emergency
18	18	room personnel, and other individuals who, in the course and scope
19	19	of employment or as a volunteer, provide services for the benefit of
20	20	the general public during emergency situations.
21	21	(2) "Health care professional" means a person
22	22	authorized by law to prescribe an opioid antagonist.
23	23	(3) "Opioid antagonist" means any drug that binds to
24	24	opioid receptors and blocks or disinhibits the effects of opioids
25	25	acting on those receptors.
26	26	(4) "Opioid-related drug overdose" means a condition,
27	27	evidenced by symptoms such as extreme physical illness, decreased
28	28	level of consciousness, respiratory depression, or coma, that a
29	29	layperson would reasonably believe to be the result of the
30	30	consumption or use of an opioid.
31	31	Sec. 483.102. PRESCRIPTION OF OPIOID ANTAGONIST; STANDING
32	32	ORDER. (a) A health care professional may, directly or by standing
33	33	order, prescribe, dispense, or distribute an opioid antagonist to:
34	34	(1) a person at risk of experiencing an opioid-related
35	35	drug overdose; or
36	36	(2) a family member, friend, or other person in a
37	37	position to assist a person described by Subdivision (1).
38	38	(b) A prescription issued under this section is considered
39	39	as issued for a legitimate medical purpose in the usual course of
40	40	professional practice.
41	41	(c) A health care professional who, acting in good faith and
42	42	with reasonable care, prescribes or dispenses an opioid antagonist
43	43	is not subject to any criminal or civil liability or any
44	44	professional disciplinary action for:
45	45	(1) prescribing or dispensing the opioid antagonist;
46	46	or
47	47	(2) any outcome resulting from the eventual
48	48	administration of the opioid antagonist.
49	49	Sec. 483.103. DISTRIBUTION OF OPIOID ANTAGONIST; STANDING
50	50	ORDER. A person or organization acting under a standing order
51	51	issued by a health care professional may store an opioid antagonist
52	52	and may dispense an opioid antagonist, provided the person or
53	53	organization does not request or receive compensation for storage
54	54	or dispensation.
55	55	Sec. 483.104. POSSESSION OF OPIOID ANTAGONIST. Any person
56	56	may possess an opioid antagonist, regardless of whether the person
57	57	holds a prescription for the opioid antagonist.
58	58	Sec. 483.105. ADMINISTRATION OF OPIOID ANTAGONIST. (a) A
59	59	person who, acting in good faith and with reasonable care,
60	60	administers an opioid antagonist to another person whom the person
61	61	believes is suffering an opioid-related drug overdose is not
62	62	subject to criminal prosecution, sanction under any professional
63	63	licensing statute, or civil liability, for an act or omission
64	64	resulting from the administration of the opioid antagonist.
65	65	(b) Emergency services personnel are authorized to
66	66	administer an opioid antagonist to a person who appears to be
67	67	suffering an opioid-related drug overdose, as clinically
68	68	indicated.
69	69	Sec. 483.106. CONFLICT OF LAW. To the extent of a conflict
70	70	between this subchapter and another law, this subchapter controls.
71	71	SECTION 2. (a) The change in law made by this Act relating
72	72	to conduct that is grounds for imposition of a disciplinary
73	73	sanction applies to:
74	74	(1) conduct that occurs before September 1, 2015, for
75	75	which a sanction is imposed on or after that date; or
76	76	(2) conduct that occurs on or after September 1, 2015.
77	77	(b) Conduct that occurs before September 1, 2015, to which
78	78	Subsection (a)(1) of this section does not apply is governed by the
79	79	law in effect on the date the conduct occurred, and the former law
80	80	is continued in effect for that purpose.
81	81	SECTION 3. (a) The change in law made by this Act relating
82	82	to conduct that is the basis for civil liability applies to:
83	83	(1) conduct that occurs before September 1, 2015, for
84	84	which judgment is entered on or after that date; or
85	85	(2) conduct that occurs on or after September 1, 2015.
86	86	(b) Conduct that occurs before September 1, 2015, to which
87	87	Subsection (a)(1) of this section does not apply is governed by the
88	88	law in effect on the date the conduct occurred, and the former law
89	89	is continued in effect for that purpose.
90	90	SECTION 4. (a) The change in law made by this Act relating
91	91	to conduct that constitutes a criminal offense applies to:
92	92	(1) an offense committed before September 1, 2015, for
93	93	which judgment is entered on or after that date; or
94	94	(2) an offense committed on or after September 1,
95	95	2015.
96	96	(b) For purposes of this section, an offense is committed
97	97	before September 1, 2015, if any element of the offense occurs
98	98	before that date.
99	99	(c) An offense committed before September 1, 2015, to which
100	100	Subsection (a)(1) of this section does not apply is governed by the
101	101	law in effect on the date the offense was committed, and the former
102	102	law is continued in effect for that purpose.
103	103	SECTION 5. This Act takes effect September 1, 2015.