84R11404 JSC-D
By: Guillen H.B. No. 225
Substitute the following for H.B. No. 225:
By: Herrero C.S.H.B. No. 225
A BILL TO BE ENTITLED
AN ACT
relating to the prescription, administration, and possession of
certain opioid antagonists for the treatment of a suspected
overdose and a defense to prosecution for certain offenses
involving controlled substances and other prohibited drugs,
substances, or paraphernalia for defendants seeking assistance for
a suspected overdose.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.115, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) It is a defense to prosecution for an offense punishable
under Subsection (b) that the actor:
(1) requested emergency medical assistance in
response to the possible overdose of the actor or another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the actor requested emergency medical
assistance in response to the possible overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
SECTION 2. Section 481.1151, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) It is a defense to prosecution for an offense punishable
under Subsection (b)(1) that the actor:
(1) requested emergency medical assistance in
response to the possible overdose of the actor or another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the actor requested emergency medical
assistance in response to the possible overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
SECTION 3. Section 481.116, Health and Safety Code, is
amended by adding Subsection (f) to read as follows:
(f) It is a defense to prosecution for an offense punishable
under Subsection (b) that the actor:
(1) requested emergency medical assistance in
response to the possible overdose of the actor or another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the actor requested emergency medical
assistance in response to the possible overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
SECTION 4. Section 481.1161, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) It is a defense to prosecution for an offense punishable
under Subsection (b)(1) or (2) that the actor:
(1) requested emergency medical assistance in
response to the possible overdose of the actor or another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the actor requested emergency medical
assistance in response to the possible overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
SECTION 5. Section 481.117, Health and Safety Code, is
amended by adding Subsection (f) to read as follows:
(f) It is a defense to prosecution for an offense punishable
under Subsection (b) that the actor:
(1) requested emergency medical assistance in
response to the possible overdose of the actor or another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the actor requested emergency medical
assistance in response to the possible overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
SECTION 6. Section 481.118, Health and Safety Code, is
amended by adding Subsection (f) to read as follows:
(f) It is a defense to prosecution for an offense punishable
under Subsection (b) that the actor:
(1) requested emergency medical assistance in
response to the possible overdose of the actor or another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the actor requested emergency medical
assistance in response to the possible overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
SECTION 7. Section 481.119, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) It is a defense to prosecution for an offense under
Subsection (b) that the actor:
(1) requested emergency medical assistance in
response to the possible overdose of the actor or another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the actor requested emergency medical
assistance in response to the possible overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
SECTION 8. Section 481.121, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) It is a defense to prosecution for an offense punishable
under Subsection (b)(1) or (2) that the actor:
(1) requested emergency medical assistance in
response to the possible overdose of the actor or another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the actor requested emergency medical
assistance in response to the possible overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
SECTION 9. Section 481.125, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) It is a defense to prosecution for an offense under
Subsection (a) that the actor:
(1) requested emergency medical assistance in
response to the possible overdose of the actor or another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the actor requested emergency medical
assistance in response to the possible overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
SECTION 10. Section 483.041, Health and Safety Code, is
amended by adding Subsection (e) to read as follows:
(e) It is a defense to prosecution for an offense under
Subsection (a) that the actor:
(1) requested emergency medical assistance in
response to the possible overdose of the actor or another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the actor requested emergency medical
assistance in response to the possible overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
SECTION 11. Section 485.031, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) It is a defense to prosecution for an offense under
Subsection (a) that the actor:
(1) requested emergency medical assistance in
response to the possible overdose of the actor or another person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the actor requested emergency medical
assistance in response to the possible overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
SECTION 12. 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 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. DUTY OF PHARMACISTS. A pharmacist that
provides an opioid antagonist to a person shall offer counseling to
the person about:
(1) overdose recognition and prevention; and
(2) the administration of opioid antagonists, patient
responses, and potential side effects.
Sec. 483.106. ADMINISTRATION OF OPIOID ANTAGONIST. (a) A
person who, acting 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. 483.107. OPIOID ANTAGONIST TRAINING. A person, state
agency, or political subdivision of the state that provides opioid
antagonists to emergency services personnel for use in the regular
course of providing emergency services shall provide those
personnel with a course of instruction about:
(1) overdose recognition and prevention; and
(2) the administration of opioid antagonists, patient
responses, and potential side effects.
Sec. 483.108. GRANTS. The Health and Human Services
Commission and the criminal justice division of the governor's
office may issue grants for:
(1) drug overdose prevention;
(2) recognition and response education for
individuals, family members, and emergency services personnel; and
(3) opioid antagonist prescription or distribution
projects.
Sec. 483.109. CONFLICT OF LAW. To the extent of a conflict
between this subchapter and another law, this subchapter controls.
SECTION 13. (a) 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.
(b) 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 14. (a) 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.
(b) 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 15. (a) 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.
(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, 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 16. This Act takes effect September 1, 2015.