By: Guillen, Johnson, King of Taylor H.B. No. 225
(Senate Sponsor - Watson)
(In the Senate - Received from the House April 14, 2015;
April 21, 2015, read first time and referred to Committee on
Criminal Justice; April 30, 2015, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 7,
Nays 0; April 30, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 225 By: Burton
COMMITTEE VOTE
YeaNayAbsentPNV
WhitmireX
HuffmanX
BurtonX
CreightonX
HinojosaX
MenéndezX
PerryX
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 Subsections (g), (h), and (i) 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 another person and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(h) The defense to prosecution provided by Subsection (g) is
not available if, at the time the request for emergency medical
assistance was made, a peace officer was in the process of arresting
the actor or executing a search warrant describing the actor or the
place from which the request for medical assistance was made.
(i) The defense to prosecution provided by Subsection (g)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (g) is not available.
SECTION 2. Section 481.1151, Health and Safety Code, is
amended by adding Subsections (c), (d), and (e) 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 another person and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(d) The defense to prosecution provided by Subsection (c) is
not available if, at the time the request for emergency medical
assistance was made, a peace officer was in the process of arresting
the actor or executing a search warrant describing the actor or the
place from which the request for medical assistance was made.
(e) The defense to prosecution provided by Subsection (c)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (c) is not available.
SECTION 3. Section 481.116, Health and Safety Code, is
amended by adding Subsections (f), (g), and (h) 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 another person and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(g) The defense to prosecution provided by Subsection (f) is
not available if, at the time the request for emergency medical
assistance was made, a peace officer was in the process of arresting
the actor or executing a search warrant describing the actor or the
place from which the request for medical assistance was made.
(h) The defense to prosecution provided by Subsection (f)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (f) is not available.
SECTION 4. Section 481.1161, Health and Safety Code, is
amended by adding Subsections (c), (d), and (e) 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 another person and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(d) The defense to prosecution provided by Subsection (c) is
not available if, at the time the request for emergency medical
assistance was made, a peace officer was in the process of arresting
the actor or executing a search warrant describing the actor or the
place from which the request for medical assistance was made.
(e) The defense to prosecution provided by Subsection (c)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (c) is not available.
SECTION 5. Section 481.117, Health and Safety Code, is
amended by adding Subsections (f), (g), and (h) 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 another person and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(g) The defense to prosecution provided by Subsection (f) is
not available if, at the time the request for emergency medical
assistance was made, a peace officer was in the process of arresting
the actor or executing a search warrant describing the actor or the
place from which the request for medical assistance was made.
(h) The defense to prosecution provided by Subsection (f)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (f) is not available.
SECTION 6. Section 481.118, Health and Safety Code, is
amended by adding Subsections (f), (g), and (h) 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 another person and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(g) The defense to prosecution provided by Subsection (f) is
not available if, at the time the request for emergency medical
assistance was made, a peace officer was in the process of arresting
the actor or executing a search warrant describing the actor or the
place from which the request for medical assistance was made.
(h) The defense to prosecution provided by Subsection (f)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (f) is not available.
SECTION 7. Section 481.119, Health and Safety Code, is
amended by adding Subsections (c), (d), and (e) 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 another person and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(d) The defense to prosecution provided by Subsection (c) is
not available if, at the time the request for emergency medical
assistance was made, a peace officer was in the process of arresting
the actor or executing a search warrant describing the actor or the
place from which the request for medical assistance was made.
(e) The defense to prosecution provided by Subsection (c)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (c) is not available.
SECTION 8. Section 481.121, Health and Safety Code, is
amended by adding Subsections (c), (d), and (e) 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 another person and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(d) The defense to prosecution provided by Subsection (c) is
not available if, at the time the request for emergency medical
assistance was made, a peace officer was in the process of arresting
the actor or executing a search warrant describing the actor or the
place from which the request for medical assistance was made.
(e) The defense to prosecution provided by Subsection (c)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (c) is not available.
SECTION 9. Section 481.125, Health and Safety Code, is
amended by adding Subsections (g), (h), and (i) 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 another person and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(h) The defense to prosecution provided by Subsection (g) is
not available if, at the time the request for emergency medical
assistance was made, a peace officer was in the process of arresting
the actor or executing a search warrant describing the actor or the
place from which the request for medical assistance was made.
(i) The defense to prosecution provided by Subsection (g)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (g) is not available.
SECTION 10. Section 483.041, Health and Safety Code, is
amended by adding Subsections (e), (f), and (g) 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 another person and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(f) The defense to prosecution provided by Subsection (e) is
not available if, at the time the request for emergency medical
assistance was made, a peace officer was in the process of arresting
the actor or executing a search warrant describing the actor or the
place from which the request for medical assistance was made.
(g) The defense to prosecution provided by Subsection (e)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (e) is not available.
SECTION 11. Section 485.031, Health and Safety Code, is
amended by adding Subsections (c), (d), and (e) 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 another person and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(d) The defense to prosecution provided by Subsection (c) is
not available if, at the time the request for emergency medical
assistance was made, a peace officer was in the process of arresting
the actor or executing a search warrant describing the actor or the
place from which the request for medical assistance was made.
(e) The defense to prosecution provided by Subsection (c)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (c) is not available.
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, 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, constriction of the pupils, 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. GRANTS. The Health and Human Services
Commission 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. 483.108. 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.
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