Texas 2015 - 84th Regular

Texas House Bill HB2149 Compare Versions

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

Old	New	Differences
1	1	84R8436 GCB-D
2	2	By: Alvarado H.B. No. 2149
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, training about opioid antagonists and drug overdoses,
10	10	and grants for related programs.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 483, Health and Safety Code, is amended
13	13	by adding Subchapter E to read as follows:
14	14	SUBCHAPTER E. OPIOID ANTAGONISTS
15	15	Sec. 483.101. DEFINITIONS. In this subchapter:
16	16	(1) "Emergency services personnel" includes
17	17	firefighters, police officers and other peace officers, emergency
18	18	medical services personnel as defined by Section 773.003, emergency
19	19	room personnel, and other individuals who, in the course and scope
20	20	of employment or as a volunteer, provide services for the benefit of
21	21	the general public during emergency situations.
22	22	(2) "Health care professional" means a person
23	23	authorized by law to prescribe an opioid antagonist.
24	24	(3) "Opioid antagonist" means any drug that binds to
25	25	opioid receptors and blocks or disinhibits the effects of opioids
26	26	acting on those receptors.
27	27	(4) "Opioid-related drug overdose" means a condition,
28	28	evidenced by symptoms such as extreme physical illness, decreased
29	29	level of consciousness, respiratory depression, or coma, that a
30	30	layperson would reasonably believe to be the result of the
31	31	consumption or use of an opioid.
32	32	Sec. 483.102. PRESCRIPTION OF OPIOID ANTAGONIST; STANDING
33	33	ORDER. (a) A health care professional may, directly or by standing
34	34	order, prescribe, dispense, or distribute an opioid antagonist to:
35	35	(1) a person at risk of experiencing an opioid-related
36	36	drug overdose; or
37	37	(2) a family member, friend, or other person in a
38	38	position to assist a person described by Subdivision (1).
39	39	(b) A prescription issued under this section is considered
40	40	as issued for a legitimate medical purpose in the usual course of
41	41	professional practice.
42	42	(c) A health care professional who, acting in good faith and
43	43	with reasonable care, prescribes or dispenses an opioid antagonist
44	44	is not subject to any criminal or civil liability or any
45	45	professional disciplinary action for:
46	46	(1) prescribing or dispensing the opioid antagonist;
47	47	or
48	48	(2) any outcome resulting from the eventual
49	49	administration of the opioid antagonist.
50	50	Sec. 483.103. DISTRIBUTION OF OPIOID ANTAGONIST; STANDING
51	51	ORDER. A person or organization acting under a standing order
52	52	issued by a health care professional may store an opioid antagonist
53	53	and may dispense an opioid antagonist, provided the person or
54	54	organization does not request or receive compensation for storage
55	55	or dispensation.
56	56	Sec. 483.104. POSSESSION OF OPIOID ANTAGONIST. Any person
57	57	may possess an opioid antagonist, regardless of whether the person
58	58	holds a prescription for the opioid antagonist.
59	59	Sec. 483.105. DUTY OF PHARMACISTS. A pharmacist that
60	60	provides an opioid antagonist to a person shall offer counseling to
61	61	the person about:
62	62	(1) overdose recognition and prevention; and
63	63	(2) the administration of opioid antagonists, patient
64	64	responses, and potential side effects.
65	65	Sec. 483.106. ADMINISTRATION OF OPIOID ANTAGONIST. (a) A
66	66	person who, acting in good faith and with reasonable care,
67	67	administers an opioid antagonist to another person whom the person
68	68	believes is suffering an opioid-related drug overdose is not
69	69	subject to criminal prosecution, sanction under any professional
70	70	licensing statute, or civil liability, for an act or omission
71	71	resulting from the administration of the opioid antagonist.
72	72	(b) Emergency services personnel are authorized to
73	73	administer an opioid antagonist to a person who appears to be
74	74	suffering an opioid-related drug overdose, as clinically
75	75	indicated.
76	76	Sec. 483.107. OPIOID ANTAGONIST TRAINING. A person, state
77	77	agency, or political subdivision of the state that provides opioid
78	78	antagonists to emergency services personnel for use in the regular
79	79	course of providing emergency services shall provide those
80	80	personnel with a course of instruction about:
81	81	(1) overdose recognition and prevention; and
82	82	(2) the administration of opioid antagonists, patient
83	83	responses, and potential side effects.
84	84	Sec. 483.108. GRANTS. The Health and Human Services
85	85	Commission and the criminal justice division of the governor's
86	86	office may issue grants for:
87	87	(1) drug overdose prevention;
88	88	(2) recognition and response education for
89	89	individuals, family members, and emergency services personnel; and
90	90	(3) opioid antagonist prescription or distribution
91	91	projects.
92	92	Sec. 483.109. CONFLICT OF LAW. To the extent of a conflict
93	93	between this subchapter and another law, this subchapter controls.
94	94	SECTION 2. (a) The change in law made by this Act relating
95	95	to conduct that is grounds for imposition of a disciplinary
96	96	sanction applies to:
97	97	(1) conduct that occurs before September 1, 2015, for
98	98	which a sanction is imposed on or after that date; or
99	99	(2) conduct that occurs on or after September 1, 2015.
100	100	(b) Conduct that occurs before September 1, 2015, to which
101	101	Subsection (a)(1) of this section does not apply is governed by the
102	102	law in effect on the date the conduct occurred, and the former law
103	103	is continued in effect for that purpose.
104	104	SECTION 3. (a) The change in law made by this Act relating
105	105	to conduct that is the basis for civil liability applies to:
106	106	(1) conduct that occurs before September 1, 2015, for
107	107	which judgment is entered on or after that date; or
108	108	(2) conduct that occurs on or after September 1, 2015.
109	109	(b) Conduct that occurs before September 1, 2015, to which
110	110	Subsection (a)(1) of this section does not apply is governed by the
111	111	law in effect on the date the conduct occurred, and the former law
112	112	is continued in effect for that purpose.
113	113	SECTION 4. (a) The change in law made by this Act relating
114	114	to conduct that constitutes a criminal offense applies to:
115	115	(1) an offense committed before September 1, 2015, for
116	116	which judgment is entered on or after that date; or
117	117	(2) an offense committed on or after September 1,
118	118	2015.
119	119	(b) For purposes of this section, an offense is committed
120	120	before September 1, 2015, if any element of the offense occurs
121	121	before that date.
122	122	(c) An offense committed before September 1, 2015, to which
123	123	Subsection (a)(1) of this section does not apply is governed by the
124	124	law in effect on the date the offense was committed, and the former
125	125	law is continued in effect for that purpose.
126	126	SECTION 5. This Act takes effect September 1, 2015.