88R14483 GCB-D
By: Zwiener H.B. No. 3602
A BILL TO BE ENTITLED
AN ACT
relating to the maintenance, administration, and disposal of opioid
antagonists at school district campuses serving students in grades
six and above.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Education Code, is amended by adding
Subchapter E-1 to read as follows:
SUBCHAPTER E-1. MAINTENANCE, ADMINISTRATION, AND DISPOSAL OF
OPIOID ANTAGONISTS
Sec. 38.221. DEFINITIONS. In this subchapter:
(1) "Opioid antagonist" and "opioid-related drug
overdose" have the meanings assigned by Section 483.101, Health and
Safety Code.
(2) "Physician" means a person who holds a license to
practice medicine in this state.
Sec. 38.222. MAINTENANCE, ADMINISTRATION, AND DISPOSAL OF
OPIOID ANTAGONISTS. (a) Each school district shall adopt and
implement a policy regarding the maintenance, administration, and
disposal of opioid antagonists at each campus in the district that
serves students in grades 6 through 12.
(b) A policy adopted under this section must:
(1) provide that school personnel and school
volunteers who are authorized and trained may administer an opioid
antagonist to a person who is reasonably believed to be
experiencing an opioid-related drug overdose; and
(2) require that each school district campus subject
to a policy adopted under this section have one or more school
personnel members or school volunteers authorized and trained to
administer an opioid antagonist present during regular school
hours.
(c) The supply of opioid antagonists at each school district
campus subject to a policy adopted under this section must be stored
in a secure location and be easily accessible to school personnel
and school volunteers authorized and trained to administer an
opioid antagonist.
(d) The executive commissioner of the Health and Human
Services Commission, in consultation with the commissioner of
education, shall adopt rules regarding the maintenance,
administration, and disposal of opioid antagonists at a school
district campus subject to a policy adopted under this
section. The rules must establish:
(1) the number of opioid antagonists available at each
district campus;
(2) the process for checking the inventory of opioid
antagonists at regular intervals for expiration and replacement;
and
(3) the amount of training required for school
personnel and school volunteers to administer an opioid antagonist.
Sec. 38.223. TRAINING. (a) Each school district is
responsible for training school personnel and school volunteers in
the administration of an opioid antagonist.
(b) Training required under this section must:
(1) include information on:
(A) recognizing the signs and symptoms of an
opioid-related drug overdose;
(B) administering an opioid antagonist;
(C) implementing emergency procedures, if
necessary, after administering an opioid antagonist; and
(D) properly disposing of used or expired opioid
antagonists;
(2) be provided in a formal training session or
through online education; and
(3) be provided in accordance with the policy adopted
under Section 21.4515.
(c) Each school district shall maintain records on the
training required under this section.
Sec. 38.224. PRESCRIPTION OF OPIOID ANTAGONISTS. (a) A
physician or person who has been delegated prescriptive authority
under Chapter 157, Occupations Code, may prescribe opioid
antagonists in the name of a school district.
(b) A physician or other person who prescribes opioid
antagonists under Subsection (a) shall provide the school district
with a standing order for the administration of an opioid
antagonist to a person reasonably believed to be experiencing an
opioid-related drug overdose.
(c) The standing order under Subsection (b) is not required
to be patient-specific, and the opioid antagonist may be
administered to a person without a previously established
physician-patient relationship.
(d) Notwithstanding any other provisions of law,
supervision or delegation by a physician is considered adequate if
the physician:
(1) periodically reviews the order; and
(2) is available through direct telecommunication as
needed for consultation, assistance, and direction.
(e) An order issued under this section must contain:
(1) the name and signature of the prescribing
physician or other person;
(2) the name of the school district to which the order
is issued;
(3) the quantity of opioid antagonists to be obtained
and maintained under the order; and
(4) the date of issue.
(f) A pharmacist may dispense an opioid antagonist to a
school district without requiring the name or any other identifying
information relating to the user.
Sec. 38.225. NOTICE TO PARENTS. A school district shall
provide written notice to a parent or guardian of each student
enrolled at a campus in the district subject to a policy adopted
under Section 38.222. Notice required under this section must be
provided before a policy is implemented by the district and before
the start of each school year.
Sec. 38.226. GIFTS, GRANTS, AND DONATIONS. A school
district may accept gifts, grants, donations, and federal and local
funds to implement this subchapter.
Sec. 38.227. IMMUNITY FROM LIABILITY. (a) A person who in
good faith takes, or fails to take, any action under this subchapter
is immune from civil or criminal liability or disciplinary action
resulting from that action or failure to act, including:
(1) issuing an order for opioid antagonists;
(2) supervising or delegating the administration of an
opioid antagonist;
(3) possessing, maintaining, storing, or disposing of
an opioid antagonist;
(4) prescribing an opioid antagonist;
(5) dispensing an opioid antagonist;
(6) administering, or assisting in administering, an
opioid antagonist;
(7) providing, or assisting in providing, training,
consultation, or advice in the development, adoption, or
implementation of policies, guidelines, rules, or plans; or
(8) undertaking any other act permitted or required
under this subchapter.
(b) The immunities and protections provided by this
subchapter are in addition to other immunities or limitations of
liability provided by law.
(c) Notwithstanding any other law, this subchapter does not
create a civil, criminal, or administrative cause of action or
liability or create a standard of care, obligation, or duty that
provides a basis for a cause of action for an act or omission under
this subchapter.
(d) A cause of action does not arise from an act or omission
described by this section.
(e) A school district and school personnel and school
volunteers are immune from suit resulting from an act, or failure to
act, under this subchapter, including an act or failure to act under
related policies and procedures.
(f) An act or failure to act by school personnel or a school
volunteer under this subchapter, including an act or failure to act
under related policies and procedures, is the exercise of judgment
or discretion on the part of the school personnel or school
volunteer and is not considered to be a ministerial act for purposes
of liability of the school district.
Sec. 38.228. RULES. Except as otherwise provided by this
subchapter, the commissioner of education and the executive
commissioner of the Health and Human Services Commission shall
jointly adopt rules necessary to implement this subchapter.
SECTION 2. Not later than November 1, 2023:
(1) the executive commissioner of the Health and Human
Services Commission shall, in consultation with the commissioner of
education, adopt rules required under Section 38.222, Education
Code, as added by this Act; and
(2) the commissioner of education and the executive
commissioner of the Health and Human Services Commission shall
jointly adopt rules necessary to implement Subchapter E-1, Chapter
38, Education Code, as added by this Act.
SECTION 3. Notwithstanding the effective date of this Act,
a school district is not required to comply with Section 38.222,
Education Code, as added by this Act, before January 1, 2024.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.