Texas 2023 - 88th Regular

Texas House Bill HB3602 Compare Versions

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1	1	88R14483 GCB-D
2	2	By: Zwiener H.B. No. 3602
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the maintenance, administration, and disposal of opioid
8	8	antagonists at school district campuses serving students in grades
9	9	six and above.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 38, Education Code, is amended by adding
12	12	Subchapter E-1 to read as follows:
13	13	SUBCHAPTER E-1. MAINTENANCE, ADMINISTRATION, AND DISPOSAL OF
14	14	OPIOID ANTAGONISTS
15	15	Sec. 38.221. DEFINITIONS. In this subchapter:
16	16	(1) "Opioid antagonist" and "opioid-related drug
17	17	overdose" have the meanings assigned by Section 483.101, Health and
18	18	Safety Code.
19	19	(2) "Physician" means a person who holds a license to
20	20	practice medicine in this state.
21	21	Sec. 38.222. MAINTENANCE, ADMINISTRATION, AND DISPOSAL OF
22	22	OPIOID ANTAGONISTS. (a) Each school district shall adopt and
23	23	implement a policy regarding the maintenance, administration, and
24	24	disposal of opioid antagonists at each campus in the district that
25	25	serves students in grades 6 through 12.
26	26	(b) A policy adopted under this section must:
27	27	(1) provide that school personnel and school
28	28	volunteers who are authorized and trained may administer an opioid
29	29	antagonist to a person who is reasonably believed to be
30	30	experiencing an opioid-related drug overdose; and
31	31	(2) require that each school district campus subject
32	32	to a policy adopted under this section have one or more school
33	33	personnel members or school volunteers authorized and trained to
34	34	administer an opioid antagonist present during regular school
35	35	hours.
36	36	(c) The supply of opioid antagonists at each school district
37	37	campus subject to a policy adopted under this section must be stored
38	38	in a secure location and be easily accessible to school personnel
39	39	and school volunteers authorized and trained to administer an
40	40	opioid antagonist.
41	41	(d) The executive commissioner of the Health and Human
42	42	Services Commission, in consultation with the commissioner of
43	43	education, shall adopt rules regarding the maintenance,
44	44	administration, and disposal of opioid antagonists at a school
45	45	district campus subject to a policy adopted under this
46	46	section. The rules must establish:
47	47	(1) the number of opioid antagonists available at each
48	48	district campus;
49	49	(2) the process for checking the inventory of opioid
50	50	antagonists at regular intervals for expiration and replacement;
51	51	and
52	52	(3) the amount of training required for school
53	53	personnel and school volunteers to administer an opioid antagonist.
54	54	Sec. 38.223. TRAINING. (a) Each school district is
55	55	responsible for training school personnel and school volunteers in
56	56	the administration of an opioid antagonist.
57	57	(b) Training required under this section must:
58	58	(1) include information on:
59	59	(A) recognizing the signs and symptoms of an
60	60	opioid-related drug overdose;
61	61	(B) administering an opioid antagonist;
62	62	(C) implementing emergency procedures, if
63	63	necessary, after administering an opioid antagonist; and
64	64	(D) properly disposing of used or expired opioid
65	65	antagonists;
66	66	(2) be provided in a formal training session or
67	67	through online education; and
68	68	(3) be provided in accordance with the policy adopted
69	69	under Section 21.4515.
70	70	(c) Each school district shall maintain records on the
71	71	training required under this section.
72	72	Sec. 38.224. PRESCRIPTION OF OPIOID ANTAGONISTS. (a) A
73	73	physician or person who has been delegated prescriptive authority
74	74	under Chapter 157, Occupations Code, may prescribe opioid
75	75	antagonists in the name of a school district.
76	76	(b) A physician or other person who prescribes opioid
77	77	antagonists under Subsection (a) shall provide the school district
78	78	with a standing order for the administration of an opioid
79	79	antagonist to a person reasonably believed to be experiencing an
80	80	opioid-related drug overdose.
81	81	(c) The standing order under Subsection (b) is not required
82	82	to be patient-specific, and the opioid antagonist may be
83	83	administered to a person without a previously established
84	84	physician-patient relationship.
85	85	(d) Notwithstanding any other provisions of law,
86	86	supervision or delegation by a physician is considered adequate if
87	87	the physician:
88	88	(1) periodically reviews the order; and
89	89	(2) is available through direct telecommunication as
90	90	needed for consultation, assistance, and direction.
91	91	(e) An order issued under this section must contain:
92	92	(1) the name and signature of the prescribing
93	93	physician or other person;
94	94	(2) the name of the school district to which the order
95	95	is issued;
96	96	(3) the quantity of opioid antagonists to be obtained
97	97	and maintained under the order; and
98	98	(4) the date of issue.
99	99	(f) A pharmacist may dispense an opioid antagonist to a
100	100	school district without requiring the name or any other identifying
101	101	information relating to the user.
102	102	Sec. 38.225. NOTICE TO PARENTS. A school district shall
103	103	provide written notice to a parent or guardian of each student
104	104	enrolled at a campus in the district subject to a policy adopted
105	105	under Section 38.222. Notice required under this section must be
106	106	provided before a policy is implemented by the district and before
107	107	the start of each school year.
108	108	Sec. 38.226. GIFTS, GRANTS, AND DONATIONS. A school
109	109	district may accept gifts, grants, donations, and federal and local
110	110	funds to implement this subchapter.
111	111	Sec. 38.227. IMMUNITY FROM LIABILITY. (a) A person who in
112	112	good faith takes, or fails to take, any action under this subchapter
113	113	is immune from civil or criminal liability or disciplinary action
114	114	resulting from that action or failure to act, including:
115	115	(1) issuing an order for opioid antagonists;
116	116	(2) supervising or delegating the administration of an
117	117	opioid antagonist;
118	118	(3) possessing, maintaining, storing, or disposing of
119	119	an opioid antagonist;
120	120	(4) prescribing an opioid antagonist;
121	121	(5) dispensing an opioid antagonist;
122	122	(6) administering, or assisting in administering, an
123	123	opioid antagonist;
124	124	(7) providing, or assisting in providing, training,
125	125	consultation, or advice in the development, adoption, or
126	126	implementation of policies, guidelines, rules, or plans; or
127	127	(8) undertaking any other act permitted or required
128	128	under this subchapter.
129	129	(b) The immunities and protections provided by this
130	130	subchapter are in addition to other immunities or limitations of
131	131	liability provided by law.
132	132	(c) Notwithstanding any other law, this subchapter does not
133	133	create a civil, criminal, or administrative cause of action or
134	134	liability or create a standard of care, obligation, or duty that
135	135	provides a basis for a cause of action for an act or omission under
136	136	this subchapter.
137	137	(d) A cause of action does not arise from an act or omission
138	138	described by this section.
139	139	(e) A school district and school personnel and school
140	140	volunteers are immune from suit resulting from an act, or failure to
141	141	act, under this subchapter, including an act or failure to act under
142	142	related policies and procedures.
143	143	(f) An act or failure to act by school personnel or a school
144	144	volunteer under this subchapter, including an act or failure to act
145	145	under related policies and procedures, is the exercise of judgment
146	146	or discretion on the part of the school personnel or school
147	147	volunteer and is not considered to be a ministerial act for purposes
148	148	of liability of the school district.
149	149	Sec. 38.228. RULES. Except as otherwise provided by this
150	150	subchapter, the commissioner of education and the executive
151	151	commissioner of the Health and Human Services Commission shall
152	152	jointly adopt rules necessary to implement this subchapter.
153	153	SECTION 2. Not later than November 1, 2023:
154	154	(1) the executive commissioner of the Health and Human
155	155	Services Commission shall, in consultation with the commissioner of
156	156	education, adopt rules required under Section 38.222, Education
157	157	Code, as added by this Act; and
158	158	(2) the commissioner of education and the executive
159	159	commissioner of the Health and Human Services Commission shall
160	160	jointly adopt rules necessary to implement Subchapter E-1, Chapter
161	161	38, Education Code, as added by this Act.
162	162	SECTION 3. Notwithstanding the effective date of this Act,
163	163	a school district is not required to comply with Section 38.222,
164	164	Education Code, as added by this Act, before January 1, 2024.
165	165	SECTION 4. This Act takes effect immediately if it receives
166	166	a vote of two-thirds of all the members elected to each house, as
167	167	provided by Section 39, Article III, Texas Constitution. If this
168	168	Act does not receive the vote necessary for immediate effect, this
169	169	Act takes effect September 1, 2023.