84R27368 JSC-D
By: West S.B. No. 1462
(Johnson, Alvarado)
Substitute the following for S.B. No. 1462: No.
A BILL TO BE ENTITLED
AN ACT
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, 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. 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.