BILL ANALYSIS |
C.S.S.B. 1462 |
By: West |
Public Health |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties contend that
drug overdose is one of the leading causes of accidental death in the United States,
with opioid painkillers accounting for a large majority of these cases. The
parties argue that prioritizing access to anti-overdose medications by making
such medications more available by prescription is a critical element of
reducing opioid overdose deaths.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.S.B. 1462 amends the Health and Safety Code to authorize a prescriber, directly or by standing order, to prescribe an opioid antagonist to a person at risk of experiencing an opioid-related drug overdose or to a family member, friend, or other person in a position to assist such a person. The bill establishes that a prescription issued for an opioid antagonist as authorized by the bill's provisions is considered issued for a legitimate medical purpose in the usual course of professional practice and that a prescriber who, acting in good faith with reasonable care, prescribes or does not prescribe an opioid antagonist is not subject to any criminal or civil liability or any professional disciplinary action for prescribing or failing to prescribe the opioid antagonist or, if the prescriber chooses to prescribe an opioid antagonist, for any outcome resulting from the eventual administration of the opioid antagonist.
C.S.S.B. 1462 authorizes a pharmacist to dispense an opioid antagonist under a valid prescription to a person at risk of experiencing an opioid-related drug overdose or to a family member, friend, or other person in a position to assist such a person. The bill establishes that a prescription filled under such circumstances is considered as filled for a legitimate medical purpose in the usual course of professional practice and that a pharmacist who, acting in good faith and with reasonable care, dispenses or does not dispense an opioid antagonist under a valid prescription is not subject to any criminal or civil liability or any professional disciplinary action for dispensing or failing to dispense the opioid antagonist or, if the pharmacist chooses to dispense an opioid antagonist, for any outcome resulting from the eventual administration of the opioid antagonist.
C.S.S.B. 1462 authorizes a person or organization acting under a standing order issued by a prescriber to store an opioid antagonist and to distribute an opioid antagonist, provided the person or organization does not request or receive compensation for storage or distribution. The bill authorizes any person to possess an opioid antagonist, regardless of whether the person holds a prescription for the opioid antagonist, and establishes that a person who, acting in good faith and with reasonable care, administers or does not administer an opioid antagonist to another person whom the person believes is suffering an opioid-related drug overdose is not subject to criminal prosecution, sanction under any professional licensing statute, or civil liability for an act or omission resulting from the administration of or failure to administer the opioid antagonist. The bill authorizes emergency services personnel to administer an opioid antagonist to a person who appears to be suffering an opioid-related drug overdose, as clinically indicated. The bill's provisions expressly prevail over another law to the extent of a conflict between the bill's provisions and that other law.
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EFFECTIVE DATE
September 1, 2015.
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COMPARISON OF SENATE ENGROSSED AND SUBSTITUTE
While C.S.S.B. 1462 may differ from the engrossed in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the engrossed and committee substitute versions of the bill.
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