Texas 2023 - 88th Regular

Texas House Bill HB2411 Compare Versions

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1	1	88R20867 CXP-F
2	2	By: Talarico, Oliverson, Leo-Wilson, Howard, H.B. No. 2411
3	3	Zwiener, et al.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the maintenance, administration, and disposal of opioid
9	9	antagonists on public and private school campuses and to the
10	10	permissible uses of money appropriated to a state agency from the
11	11	opioid abatement account.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 38, Education Code, is amended by adding
14	14	Subchapter E-1 to read as follows:
15	15	SUBCHAPTER E-1. MAINTENANCE, ADMINISTRATION, AND DISPOSAL OF
16	16	OPIOID ANTAGONISTS
17	17	Sec. 38.221. DEFINITIONS. In this subchapter:
18	18	(1) "Opioid antagonist" and "opioid-related drug
19	19	overdose" have the meanings assigned by Section 483.101, Health and
20	20	Safety Code.
21	21	(2) "Physician" means a person who holds a license to
22	22	practice medicine in this state.
23	23	Sec. 38.222. MAINTENANCE, ADMINISTRATION, AND DISPOSAL OF
24	24	OPIOID ANTAGONISTS. (a) Each school district shall adopt and
25	25	implement a policy regarding the maintenance, administration, and
26	26	disposal of opioid antagonists at each campus in the district that
27	27	serves students in grades 6 through 12 and may adopt and implement
28	28	such a policy at each campus in the district, including campuses
29	29	serving students in a grade level below grade 6.
30	30	(b) An open-enrollment charter school or private school may
31	31	adopt and implement a policy regarding the maintenance,
32	32	administration, and disposal of opioid antagonists. If a school
33	33	adopts a policy under this subsection, the school may apply the
34	34	policy:
35	35	(1) only at campuses of the school serving students in
36	36	grades 6 through 12; or
37	37	(2) at each campus of the school, including campuses
38	38	serving students in a grade level below grade 6.
39	39	(c) A policy adopted under this section must:
40	40	(1) provide that school personnel and school
41	41	volunteers who are authorized and trained may administer an opioid
42	42	antagonist to a person who is reasonably believed to be
43	43	experiencing an opioid-related drug overdose;
44	44	(2) require that each school campus subject to a
45	45	policy adopted under this section have one or more school personnel
46	46	members or school volunteers authorized and trained to administer
47	47	an opioid antagonist present during regular school hours;
48	48	(3) establish the number of opioid antagonists that
49	49	must be available at each campus at any given time; and
50	50	(4) require that the supply of opioid antagonists at
51	51	each school campus subject to a policy adopted under this section
52	52	must be stored in a secure location and be easily accessible to
53	53	school personnel and school volunteers authorized and trained to
54	54	administer an opioid antagonist.
55	55	(d) The executive commissioner of the Health and Human
56	56	Services Commission, in consultation with the commissioner of
57	57	education, shall adopt rules regarding the maintenance,
58	58	administration, and disposal of opioid antagonists at a school
59	59	campus subject to a policy adopted under this section. The rules
60	60	must establish:
61	61	(1) the process for checking the inventory of opioid
62	62	antagonists at regular intervals for expiration and replacement;
63	63	and
64	64	(2) the amount of training required for school
65	65	personnel and school volunteers to administer an opioid antagonist.
66	66	Sec. 38.223. REPORT ON ADMINISTERING OPIOID ANTAGONIST.
67	67	(a) Not later than the 10th business day after the date a school
68	68	personnel member or school volunteer administers an opioid
69	69	antagonist in accordance with a policy adopted under Section
70	70	38.222(a) or (b), the school shall report the information required
71	71	under Subsection (b) of this section to:
72	72	(1) the school district, the charter holder if the
73	73	school is an open-enrollment charter school, or the governing body
74	74	of the school if the school is a private school;
75	75	(2) the physician or other person who prescribed the
76	76	opioid antagonist; and
77	77	(3) the commissioner of state health services.
78	78	(b) The report required under this section must include the
79	79	following information:
80	80	(1) the age of the person who received the
81	81	administration of the opioid antagonist;
82	82	(2) whether the person who received the administration
83	83	of the opioid antagonist was a student, a school personnel member or
84	84	school volunteer, or a visitor;
85	85	(3) the physical location where the opioid antagonist
86	86	was administered;
87	87	(4) the number of doses of opioid antagonist
88	88	administered;
89	89	(5) the title of the person who administered the
90	90	opioid antagonist; and
91	91	(6) any other information required by the commissioner
92	92	of education.
93	93	Sec. 38.224. TRAINING. (a) Each school district,
94	94	open-enrollment charter school, and private school that adopts a
95	95	policy under Section 38.222(a) or (b) is responsible for training
96	96	school personnel and school volunteers in the administration of an
97	97	opioid antagonist.
98	98	(b) Training required under this section must:
99	99	(1) include information on:
100	100	(A) recognizing the signs and symptoms of an
101	101	opioid-related drug overdose;
102	102	(B) administering an opioid antagonist;
103	103	(C) implementing emergency procedures, if
104	104	necessary, after administering an opioid antagonist; and
105	105	(D) properly disposing of used or expired opioid
106	106	antagonists;
107	107	(2) be provided in a formal training session or
108	108	through online education; and
109	109	(3) be provided in accordance with the policy adopted
110	110	under Section 21.4515.
111	111	(c) Each school district, open-enrollment charter school,
112	112	or private school that adopts a policy under Section 38.222(a) or
113	113	(b) must maintain records on the training required under this
114	114	section.
115	115	Sec. 38.225. PRESCRIPTION OF OPIOID ANTAGONISTS. (a) A
116	116	physician or person who has been delegated prescriptive authority
117	117	under Chapter 157, Occupations Code, may prescribe opioid
118	118	antagonists in the name of a school district, open-enrollment
119	119	charter school, or private school.
120	120	(b) A physician or other person who prescribes opioid
121	121	antagonists under Subsection (a) shall provide the school district,
122	122	open-enrollment charter school, or private school with a standing
123	123	order for the administration of an opioid antagonist to a person
124	124	reasonably believed to be experiencing an opioid-related drug
125	125	overdose.
126	126	(c) The standing order under Subsection (b) is not required
127	127	to be patient-specific, and the opioid antagonist may be
128	128	administered to a person without a previously established
129	129	physician-patient relationship.
130	130	(d) Notwithstanding any other provisions of law,
131	131	supervision or delegation by a physician is considered adequate if
132	132	the physician:
133	133	(1) periodically reviews the order; and
134	134	(2) is available through direct telecommunication as
135	135	needed for consultation, assistance, and direction.
136	136	(e) An order issued under this section must contain:
137	137	(1) the name and signature of the prescribing
138	138	physician or other person;
139	139	(2) the name of the school district, open-enrollment
140	140	charter school, or private school to which the order is issued;
141	141	(3) the quantity of opioid antagonists to be obtained
142	142	and maintained under the order; and
143	143	(4) the date of issue.
144	144	(f) A pharmacist may dispense an opioid antagonist to a
145	145	school district, open-enrollment charter school, or private school
146	146	without requiring the name or any other identifying information
147	147	relating to the user.
148	148	Sec. 38.226. GIFTS, GRANTS, AND DONATIONS. A school
149	149	district, open-enrollment charter school, or private school may
150	150	accept gifts, grants, donations, and federal and local funds to
151	151	implement this subchapter.
152	152	Sec. 38.227. IMMUNITY FROM LIABILITY. (a) A person who in
153	153	good faith takes, or fails to take, any action under this subchapter
154	154	is immune from civil or criminal liability or disciplinary action
155	155	resulting from that action or failure to act, including:
156	156	(1) issuing an order for opioid antagonists;
157	157	(2) supervising or delegating the administration of an
158	158	opioid antagonist;
159	159	(3) possessing, maintaining, storing, or disposing of
160	160	an opioid antagonist;
161	161	(4) prescribing an opioid antagonist;
162	162	(5) dispensing an opioid antagonist;
163	163	(6) administering, or assisting in administering, an
164	164	opioid antagonist;
165	165	(7) providing, or assisting in providing, training,
166	166	consultation, or advice in the development, adoption, or
167	167	implementation of policies, guidelines, rules, or plans; or
168	168	(8) undertaking any other act permitted or required
169	169	under this subchapter.
170	170	(b) The immunities and protections provided by this
171	171	subchapter are in addition to other immunities or limitations of
172	172	liability provided by law.
173	173	(c) Notwithstanding any other law, this subchapter does not
174	174	create a civil, criminal, or administrative cause of action or
175	175	liability or create a standard of care, obligation, or duty that
176	176	provides a basis for a cause of action for an act or omission under
177	177	this subchapter.
178	178	(d) A cause of action does not arise from an act or omission
179	179	described by this section.
180	180	(e) A school district, open-enrollment charter school, or
181	181	private school and school personnel and school volunteers are
182	182	immune from suit resulting from an act, or failure to act, under
183	183	this subchapter, including an act or failure to act under related
184	184	policies and procedures.
185	185	(f) An act or failure to act by school personnel or a school
186	186	volunteer under this subchapter, including an act or failure to act
187	187	under related policies and procedures, is the exercise of judgment
188	188	or discretion on the part of the school personnel or school
189	189	volunteer and is not considered to be a ministerial act for purposes
190	190	of liability of the school district, open-enrollment charter
191	191	school, or private school.
192	192	Sec. 38.228. RULES. Except as otherwise provided by this
193	193	subchapter, the commissioner of education and the executive
194	194	commissioner of the Health and Human Services Commission shall
195	195	jointly adopt rules necessary to implement this subchapter.
196	196	SECTION 2. Section 403.505(d), Government Code, is amended
197	197	to read as follows:
198	198	(d) A state agency may use money appropriated from the
199	199	account only to:
200	200	(1) prevent opioid use disorder through
201	201	evidence-based education and prevention, such as school-based
202	202	prevention, early intervention, or health care services or programs
203	203	intended to reduce the risk of opioid use by school-age children;
204	204	(2) support efforts to prevent or reduce deaths from
205	205	opioid overdoses or other opioid-related harms, including through
206	206	increasing the availability or distribution of naloxone or other
207	207	opioid antagonists for use by:
208	208	(A) health care providers;
209	209	(B) [,] first responders;
210	210	(C) [,] persons experiencing an opioid overdose;
211	211	(D) [,] families;
212	212	(E) [,] schools, including under a policy adopted
213	213	under Subchapter E-1, Chapter 38, Education Code, regarding the
214	214	maintenance, administration, and disposal of opioid antagonists;
215	215	(F) community-based service providers;
216	216	(G) [,] social workers;[,] or
217	217	(H) other members of the public;
218	218	(3) create and provide training on the treatment of
219	219	opioid addiction, including the treatment of opioid dependence with
220	220	each medication approved for that purpose by the United States Food
221	221	and Drug Administration, medical detoxification, relapse
222	222	prevention, patient assessment, individual treatment planning,
223	223	counseling, recovery supports, diversion control, and other best
224	224	practices;
225	225	(4) provide opioid use disorder treatment for youths
226	226	and adults, with an emphasis on programs that provide a continuum of
227	227	care that includes screening and assessment for opioid use disorder
228	228	and co-occurring behavioral health disorders, early intervention,
229	229	contingency management, cognitive behavioral therapy, case
230	230	management, relapse management, counseling services, and
231	231	medication-assisted treatments;
232	232	(5) provide patients suffering from opioid dependence
233	233	with access to all medications approved by the United States Food
234	234	and Drug Administration for the treatment of opioid dependence and
235	235	relapse prevention following opioid detoxification, including
236	236	opioid agonists, partial agonists, and antagonists;
237	237	(6) support efforts to reduce the abuse or misuse of
238	238	addictive prescription medications, including tools used to give
239	239	health care providers information needed to protect the public from
240	240	the harm caused by improper use of those medications;
241	241	(7) support treatment alternatives that provide both
242	242	psychosocial support and medication-assisted treatments in areas
243	243	with geographical or transportation-related challenges, including
244	244	providing access to mobile health services and telemedicine,
245	245	particularly in rural areas;
246	246	(8) address:
247	247	(A) the needs of persons involved with criminal
248	248	justice; and
249	249	(B) rural county unattended deaths; or
250	250	(9) further any other purpose related to opioid
251	251	abatement authorized by appropriation.
252	252	SECTION 3. Not later than November 1, 2023:
253	253	(1) the executive commissioner of the Health and Human
254	254	Services Commission shall, in consultation with the commissioner of
255	255	education, adopt rules required under Section 38.222, Education
256	256	Code, as added by this Act; and
257	257	(2) the commissioner of education and the executive
258	258	commissioner of the Health and Human Services Commission shall
259	259	jointly adopt rules necessary to implement Subchapter E-1, Chapter
260	260	38, Education Code, as added by this Act.
261	261	SECTION 4. Notwithstanding the effective date of this Act,
262	262	a school district is not required to comply with Section 38.222,
263	263	Education Code, as added by this Act, before January 1, 2024.
264	264	SECTION 5. This Act takes effect immediately if it receives
265	265	a vote of two-thirds of all the members elected to each house, as
266	266	provided by Section 39, Article III, Texas Constitution. If this
267	267	Act does not receive the vote necessary for immediate effect, this
268	268	Act takes effect September 1, 2023.