Texas 2023 - 88th Regular

Texas House Bill HB3338 Compare Versions

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1	1	By: Cole, et al. (Senate Sponsor - Johnson) H.B. No. 3338
2	2	(In the Senate - Received from the House May 3, 2023;
3	3	May 5, 2023, read first time and referred to Subcommittee on Higher
4	4	Education; May 18, 2023, reported favorably from Committee on
5	5	Education by the following vote: Yeas 13, Nays 0; May 18, 2023,
6	6	sent to printer.)
7	7	Click here to see the committee vote
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to measures to prevent and respond to opioid-related drug
13	13	overdoses, including policies and training regarding the use of
14	14	opioid antagonists, at student residences on campuses of public
15	15	institutions of higher education; providing immunity.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. Chapter 51, Education Code, is amended by adding
18	18	Subchapter Y-2 to read as follows:
19	19	SUBCHAPTER Y-2. PROVIDING OPIOID ANTAGONISTS AT CAMPUS RESIDENCE
20	20	HALLS
21	21	Sec. 51.891. DEFINITIONS. In this subchapter:
22	22	(1) "Campus" means an educational unit under the
23	23	management and control of an institution of higher education and
24	24	may include, in addition to the main campus, off-campus and
25	25	secondary locations, such as branch campuses, teaching locations,
26	26	and regional centers.
27	27	(2) "Employee" means an employee of an institution of
28	28	higher education.
29	29	(3) "Institution of higher education" has the meaning
30	30	assigned by Section 61.003.
31	31	(4) "Opioid antagonist" and "opioid-related drug
32	32	overdose" have the meanings assigned by Section 483.101, Health and
33	33	Safety Code.
34	34	(5) "Physician" means a person who holds a license to
35	35	practice medicine in this state.
36	36	Sec. 51.892. REQUIRED POLICY REGARDING OPIOID ANTAGONISTS
37	37	IN RESIDENCE HALLS. (a) Each institution of higher education shall
38	38	adopt and implement a policy providing for:
39	39	(1) the availability of opioid antagonists at each
40	40	residence hall on the institution's campus, including provisions
41	41	for the acquisition, maintenance, storage, administration, and
42	42	disposal of those devices; and
43	43	(2) the training of resident advisors in the proper
44	44	use of those devices.
45	45	(b) The policy adopted under Subsection (a) must provide
46	46	that resident advisors who are authorized and trained may
47	47	administer an opioid antagonist to a person who is reasonably
48	48	believed to be experiencing an opioid-related drug overdose in a
49	49	residence hall on the institution's campus.
50	50	(c) The commissioner of the Texas Higher Education
51	51	Coordinating Board with advice from the commissioner of state
52	52	health services shall adopt rules regarding the maintenance,
53	53	storage, administration, and disposal of an opioid antagonist to be
54	54	used in residence halls on the campus of an institution of higher
55	55	education subject to a policy adopted under Subsection (a). The
56	56	rules must establish:
57	57	(1) the process for each institution of higher
58	58	education to check the inventory of opioid antagonists at regular
59	59	intervals for expiration and replacement; and
60	60	(2) the amount of training required for resident
61	61	advisors to administer an opioid antagonist.
62	62	(d) Each institution of higher education:
63	63	(1) must require that all resident advisors be
64	64	authorized and trained to administer an opioid antagonist; and
65	65	(2) shall include the policy in the institution's
66	66	student handbook or similar publication and publish the policy on
67	67	the institution's Internet website.
68	68	(e) The supply of opioid antagonists at a campus must be
69	69	stored in a secure location at each residence hall, and be easily
70	70	accessible to resident advisors and other employees or volunteers
71	71	authorized and trained to administer an opioid antagonist.
72	72	Sec. 51.893. REPORT ON ADMINISTERING OPIOID ANTAGONIST.
73	73	(a) Not later than the 10th business day after the date a resident
74	74	advisor, employee, or volunteer administers an opioid antagonist in
75	75	accordance with a policy adopted under Section 51.892, the
76	76	institution of higher education shall report the information
77	77	required under Subsection (b) to the physician who prescribed the
78	78	opioid antagonist.
79	79	(b) The report required under this section must include the
80	80	following information:
81	81	(1) the age of the person who received the
82	82	administration of the opioid antagonist;
83	83	(2) whether the person who received the administration
84	84	of the opioid antagonist was a student, employee, or 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 higher education.
93	93	Sec. 51.894. TRAINING. (a) Each institution of higher
94	94	education is responsible for training resident advisors in the
95	95	administration of an opioid antagonist.
96	96	(b) Training required under this section must:
97	97	(1) include information on:
98	98	(A) recognizing the signs and symptoms of an
99	99	opioid-related drug overdose;
100	100	(B) administering an opioid antagonist;
101	101	(C) implementing emergency procedures, if
102	102	necessary, after administering an opioid antagonist;
103	103	(D) the required alerting of emergency medical
104	104	services during or immediately after the administration of the
105	105	opioid antagonist; and
106	106	(E) properly disposing of used or expired opioid
107	107	antagonists;
108	108	(2) be provided to resident advisors along with any
109	109	other mandatory training the institution imposes, in a formal
110	110	training session or through online education, and be completed
111	111	annually; and
112	112	(3) provide an opportunity to address frequently asked
113	113	questions.
114	114	(c) Each institution of higher education shall maintain
115	115	records on the training required under this section.
116	116	Sec. 51.895. PRESCRIPTION OF OPIOID ANTAGONISTS. (a) A
117	117	physician may prescribe opioid antagonists in the name of an
118	118	institution of higher education. The physician shall provide the
119	119	institution with a standing order for the administration of an
120	120	opioid antagonist to a person reasonably believed to be
121	121	experiencing an opioid-related drug overdose.
122	122	(b) The standing order under Subsection (a) is not required
123	123	to be patient-specific, and the opioid antagonist may be
124	124	administered to a person without an established physician-patient
125	125	relationship.
126	126	(c) Notwithstanding any other provisions of law,
127	127	supervision or delegation by a physician is considered adequate if
128	128	the physician:
129	129	(1) periodically reviews the order; and
130	130	(2) is available through direct telecommunication as
131	131	needed for consultation, assistance, and direction.
132	132	(d) An order issued under this section must contain:
133	133	(1) the name and signature of the prescribing
134	134	physician;
135	135	(2) the name of the institution of higher education to
136	136	which the order is issued;
137	137	(3) the quantity of opioid antagonists to be obtained
138	138	and maintained under the order; and
139	139	(4) the date of issue.
140	140	(e) A pharmacist may dispense an opioid antagonist to an
141	141	institution of higher education for purposes of this subchapter
142	142	without requiring the name or any other identifying information
143	143	relating to the user.
144	144	Sec. 51.896. GIFTS, GRANTS, AND DONATIONS. An institution
145	145	of higher education may accept gifts, grants, donations, and
146	146	federal funds to implement this subchapter.
147	147	Sec. 51.897. RULES. The commissioner of higher education
148	148	shall adopt rules necessary to implement this subchapter.
149	149	Sec. 51.898. IMMUNITIES. (a) A person who in good faith
150	150	takes, or fails to take, any action under this subchapter is immune
151	151	from civil or criminal liability or disciplinary action resulting
152	152	from that act or failure to act, including:
153	153	(1) issuing an order for opioid antagonists;
154	154	(2) supervising or delegating the administration of an
155	155	opioid antagonist;
156	156	(3) possessing an opioid antagonist;
157	157	(4) maintaining an opioid antagonist;
158	158	(5) storing an opioid antagonist;
159	159	(6) disposing of an opioid antagonist;
160	160	(7) prescribing an opioid antagonist;
161	161	(8) dispensing an opioid antagonist;
162	162	(9) administering, or assisting in administering, an
163	163	opioid antagonist;
164	164	(10) providing, or assisting in providing, training,
165	165	consultation, or advice in the development, adoption, or
166	166	implementation of policies, guidelines, rules, or plans regarding
167	167	the availability and use of an opioid antagonist; or
168	168	(11) undertaking any other act permitted or required
169	169	under this subchapter.
170	170	(b) The immunity provided by Subsection (a) is in addition
171	171	to other immunity or limitations of liability provided by law.
172	172	(c) Notwithstanding any other law, this subchapter does not
173	173	create a civil, criminal, or administrative cause of action or
174	174	liability or create a standard of care, obligation, or duty that
175	175	provides the basis for a cause of action for an act or omission
176	176	under this subchapter.
177	177	(d) An institution of higher education is immune from suit
178	178	resulting from an act, or failure to act, of any person under this
179	179	subchapter, including an act or failure to act under related
180	180	policies and procedures.
181	181	(e) A cause of action does not arise from an act or omission
182	182	described by this section.
183	183	(f) A person acting in good faith who reports or requests
184	184	emergency medical assistance for a person who is reasonably
185	185	believed to be experiencing an opioid-related drug overdose in a
186	186	residence hall on campus:
187	187	(1) is immune from civil liability, and from criminal
188	188	liability for offenses under Section 481.115(b), 481.1151(b)(1),
189	189	481.116(b), 481.1161(b)(1), 481.1161(b)(2), 481.117(b),
190	190	481.118(b), 481.119(b), 481.121(b)(1), 481.121(b)(2), 481.125(a),
191	191	483.041(a), or 485.031(a), Health and Safety Code, that might
192	192	otherwise be incurred or imposed as a result of those actions; and
193	193	(2) may not be subjected to any disciplinary action by
194	194	the institution of higher education at which the person is enrolled
195	195	or employed for any violation by the person of the institution's
196	196	code of conduct reasonably related to the incident unless
197	197	suspension or expulsion from the institution is a possible
198	198	punishment.
199	199	SECTION 2. Each institution of higher education to which
200	200	Subchapter Y-2, Chapter 51, Education Code, as added by this Act,
201	201	applies shall implement that subchapter as soon as practicable, but
202	202	not later than the 2024 fall semester.
203	203	SECTION 3. This Act takes effect immediately if it receives
204	204	a vote of two-thirds of all the members elected to each house, as
205	205	provided by Section 39, Article III, Texas Constitution. If this
206	206	Act does not receive the vote necessary for immediate effect, this
207	207	Act takes effect September 1, 2023.
208	208	* * * * *