Texas 2025 - 89th Regular

Texas Senate Bill SB556 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3604 CXP-D
2	2	By: Johnson S.B. No. 556
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to measures to prevent and respond to opioid-related drug
10	10	overdoses, including policies and training regarding the use of
11	11	opioid antagonists, at student residences on campuses of public
12	12	institutions of higher education; providing immunity.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 51, Education Code, is amended by adding
15	15	Subchapter Y-2 to read as follows:
16	16	SUBCHAPTER Y-2. PROVIDING OPIOID ANTAGONISTS AT CAMPUS RESIDENCE
17	17	HALLS
18	18	Sec. 51.891. DEFINITIONS. In this subchapter:
19	19	(1) "Campus" means an educational unit under the
20	20	management and control of an institution of higher education and
21	21	may include, in addition to the main campus, off-campus and
22	22	secondary locations, such as branch campuses, teaching locations,
23	23	and regional centers.
24	24	(2) "Coordinating board" means the Texas Higher
25	25	Education Coordinating Board.
26	26	(3) "Employee" means an individual employed by an
27	27	institution of higher education.
28	28	(4) "Institution of higher education" has the meaning
29	29	assigned by Section 61.003.
30	30	(5) "Opioid antagonist" and "opioid-related drug
31	31	overdose" have the meanings assigned by Section 483.101, Health and
32	32	Safety Code.
33	33	(6) "Physician" means a person who holds a license to
34	34	practice medicine in this state.
35	35	Sec. 51.892. REQUIRED POLICY REGARDING OPIOID ANTAGONISTS
36	36	IN RESIDENCE HALLS. (a) Each institution of higher education that
37	37	offers on-campus student housing shall adopt and implement a policy
38	38	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 coordinating board with advice from the
51	51	commissioner of state health services shall adopt rules regarding
52	52	the maintenance, storage, administration, and disposal of an opioid
53	53	antagonist to be used in residence halls on the campus of an
54	54	institution of higher education under a policy adopted under
55	55	Subsection (a). The rules must establish:
56	56	(1) the process for each institution of higher
57	57	education to check the inventory of opioid antagonists at regular
58	58	intervals for expiration and replacement; and
59	59	(2) the amount of training required for a resident
60	60	advisor to administer an opioid antagonist.
61	61	(d) Each institution of higher education that offers
62	62	on-campus student housing shall:
63	63	(1) include the policy in the institution's student
64	64	handbook or similar publication; and
65	65	(2) publish the policy on the institution's Internet
66	66	website.
67	67	(e) The supply of opioid antagonists at a campus must be
68	68	stored in a secure location at each residence hall and be easily
69	69	accessible to resident advisors authorized and trained to
70	70	administer an opioid antagonist.
71	71	Sec. 51.893. REPORT ON ADMINISTERING OPIOID ANTAGONIST.
72	72	(a) Not later than the 10th business day after the date a resident
73	73	advisor administers an opioid antagonist in accordance with a
74	74	policy adopted by an institution of higher education under Section
75	75	51.892, the institution shall report the information required under
76	76	Subsection (b) to the physician who prescribed the opioid
77	77	antagonist.
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, employee, or visitor;
84	84	(3) the physical location where the opioid antagonist
85	85	was administered;
86	86	(4) the number of doses of opioid antagonist
87	87	administered;
88	88	(5) the job title of the employee who administered the
89	89	opioid antagonist; and
90	90	(6) any other information required by coordinating
91	91	board rule.
92	92	Sec. 51.894. TRAINING. (a) An institution of higher
93	93	education is responsible for training resident advisors in the
94	94	administration of an opioid antagonist under the policy adopted by
95	95	the institution under Section 51.892.
96	96	(b) The training 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) An institution of higher education shall maintain
115	115	records on the training provided by the institution under this
116	116	section.
117	117	Sec. 51.895. PRESCRIPTION OF OPIOID ANTAGONISTS. (a) A
118	118	physician may prescribe opioid antagonists in the name of an
119	119	institution of higher education. The physician shall provide the
120	120	institution with a standing order for the administration of an
121	121	opioid antagonist to a person reasonably believed to be
122	122	experiencing an opioid-related drug overdose.
123	123	(b) The standing order under Subsection (a) is not required
124	124	to be patient-specific, and the opioid antagonist may be
125	125	administered to a person without an established physician-patient
126	126	relationship.
127	127	(c) Notwithstanding any other provisions of law,
128	128	supervision or delegation by a physician is considered adequate if
129	129	the physician:
130	130	(1) periodically reviews the order; and
131	131	(2) is available through direct telecommunication as
132	132	needed for consultation, assistance, and direction.
133	133	(d) An order issued under this section must contain:
134	134	(1) the name and signature of the prescribing
135	135	physician;
136	136	(2) the name of the institution of higher education to
137	137	which the order is issued;
138	138	(3) the quantity of opioid antagonists to be obtained
139	139	and maintained under the order; and
140	140	(4) the date of issue.
141	141	(e) A pharmacist may dispense an opioid antagonist to an
142	142	institution of higher education for purposes of this subchapter
143	143	without requiring the name or any other identifying information
144	144	relating to the user.
145	145	Sec. 51.896. GIFTS, GRANTS, AND DONATIONS. An institution
146	146	of higher education may accept gifts, grants, donations, and
147	147	federal funds to implement this subchapter.
148	148	Sec. 51.897. RULES. In addition to rules required by
149	149	Section 51.892, the coordinating board may adopt other rules
150	150	necessary to implement this subchapter.
151	151	Sec. 51.898. IMMUNITIES. (a) A person who in good faith
152	152	takes, or fails to take, any action under this subchapter is immune
153	153	from civil or criminal liability or disciplinary action resulting
154	154	from that act or failure to act, including:
155	155	(1) issuing an order for opioid antagonists;
156	156	(2) supervising or delegating the administration of an
157	157	opioid antagonist;
158	158	(3) possessing an opioid antagonist;
159	159	(4) maintaining an opioid antagonist;
160	160	(5) storing an opioid antagonist;
161	161	(6) disposing of an opioid antagonist;
162	162	(7) prescribing an opioid antagonist;
163	163	(8) dispensing an opioid antagonist;
164	164	(9) administering, or assisting in administering, an
165	165	opioid antagonist;
166	166	(10) providing, or assisting in providing, training,
167	167	consultation, or advice in the development, adoption, or
168	168	implementation of policies, guidelines, rules, or plans regarding
169	169	the availability and use of an opioid antagonist; or
170	170	(11) undertaking any other act permitted or required
171	171	under this subchapter.
172	172	(b) The immunity provided by Subsection (a) is in addition
173	173	to other immunity or limitations of liability provided by law.
174	174	(c) Notwithstanding any other law, this subchapter does not
175	175	create a civil, criminal, or administrative cause of action or
176	176	liability or create a standard of care, obligation, or duty that
177	177	provides the basis for a cause of action for an act or omission
178	178	under this subchapter.
179	179	(d) An institution of higher education is immune from suit
180	180	resulting from an act, or failure to act, of any person under this
181	181	subchapter, including an act or failure to act under related
182	182	policies and procedures.
183	183	(e) A cause of action does not arise from an act or omission
184	184	described by this section.
185	185	(f) A person acting in good faith who reports or requests
186	186	emergency medical assistance for a person who is reasonably
187	187	believed to be experiencing an opioid-related drug overdose in a
188	188	residence hall on campus:
189	189	(1) is immune from civil liability, and from criminal
190	190	liability for offenses under Section 481.115(b), 481.1151(b)(1),
191	191	481.116(b), 481.1161(b)(1), 481.1161(b)(2), 481.117(b),
192	192	481.118(b), 481.119(b), 481.121(b)(1), 481.121(b)(2), 481.125(a),
193	193	483.041(a), or 485.031(a), Health and Safety Code, that might
194	194	otherwise be incurred or imposed as a result of those actions; and
195	195	(2) may not be subjected to any disciplinary action by
196	196	the institution of higher education at which the person is enrolled
197	197	or employed for any violation by the person of the institution's
198	198	code of conduct reasonably related to the incident unless
199	199	suspension or expulsion from the institution is a possible
200	200	punishment.
201	201	SECTION 2. Each institution of higher education to which
202	202	Subchapter Y-2, Chapter 51, Education Code, as added by this Act,
203	203	applies shall implement that subchapter as soon as practicable
204	204	after this Act takes effect, but not later than the 2026 fall
205	205	semester.
206	206	SECTION 3. This Act takes effect immediately if it receives
207	207	a vote of two-thirds of all the members elected to each house, as
208	208	provided by Section 39, Article III, Texas Constitution. If this
209	209	Act does not receive the vote necessary for immediate effect, this
210	210	Act takes effect September 1, 2025.