87R12346 JSC-F
By: Powell S.B. No. 2095
A BILL TO BE ENTITLED
AN ACT
relating to provision of an opioid antagonist to a person who is
filling a prescription for an opioid medication.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 483.103, Health and Safety Code, is
amended by adding Subsection (b-1) and amending Subsection (c) to
read as follows:
(b-1) A pharmacist may dispense an opioid antagonist
without a prescription to a person to whom the pharmacist is
dispensing an opioid medication under a prescription if:
(1) the opioid is prescribed in conjunction with
benzodiazepine medication;
(2) the prescription of the dispensed medication
directs the patient to take 90 morphine milligram equivalents or
more daily;
(3) in the pharmacist's professional opinion, the
patient is at risk of accidental overdose or potential abuse or
overuse; or
(4) the physician who issued the prescription has
communicated to the pharmacist that in the physician's professional
opinion, the patient is at risk of accidental overdose or potential
abuse or overuse.
(c) A pharmacist who, acting in good faith and with
reasonable care, dispenses or does not dispense an opioid
antagonist under a valid prescription or on the pharmacist's own
initiative under Subsection (b-1) 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.
SECTION 2. The change in law made by this Act applies only
to a person to whom the pharmacist dispenses an opioid medication
under a prescription on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.