By: Johnson H.B. No. 2690

A BILL TO BE ENTITLED

AN ACT

relating to the prevention of overdose deaths by providing a defense for prosecution for certain offenses involving the delivery or possession of controlled substances and other prohibited drugs, substances, or paraphernalia for certain persons who seek medical attention for a suspected opioid overdose, and the prescription, administration, and possession of certain opioid antagonists for the treatment of suspected opioid overdoses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 481.115, Health and Safety Code, is amended by adding Subsection (g) to read as follows:

(g) It is a defense to prosecution for an offense punishable under Subsection (b) that the actor:

(1) requested emergency medical assistance in response to the possible overdose of the actor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the actor requested emergency medical assistance in response to the possible overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

SECTION 2. Section 481.1151, Health and Safety Code, is amended by adding Subsection (c) to read as follows:

(c) It is a defense to prosecution for an offense punishable under Subsection (b)(1) that the actor:

(1) requested emergency medical assistance in response to the possible overdose of the actor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the actor requested emergency medical assistance in response to the possible overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

SECTION 3. Section 481.116, Health and Safety Code, is amended by adding Subsection (f) to read as follows:

(f) It is a defense to prosecution for an offense punishable under Subsection (b) that the actor:

(1) requested emergency medical assistance in response to the possible overdose of the actor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the actor requested emergency medical assistance in response to the possible overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

SECTION 4. Section 481.1161, Health and Safety Code, is amended by adding Subsection (c) to read as follows:

(c) It is a defense to prosecution for an offense punishable under Subsection (b)(1) or (2) that the actor:

(1) requested emergency medical assistance in response to the possible overdose of the actor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the actor requested emergency medical assistance in response to the possible overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

SECTION 5. Section 481.117, Health and Safety Code, is amended by adding Subsection (f) to read as follows:

(f) It is a defense to prosecution for an offense punishable under Subsection (b) that the actor:

(1) requested emergency medical assistance in response to the possible overdose of the actor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the actor requested emergency medical assistance in response to the possible overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

SECTION 6. Section 481.118, Health and Safety Code, is amended by adding Subsection (f) to read as follows:

(f) It is a defense to prosecution for an offense punishable under Subsection (b) that the actor:

(1) requested emergency medical assistance in response to the possible overdose of the actor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the actor requested emergency medical assistance in response to the possible overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

SECTION 7. Section 481.119, Health and Safety Code, is amended by adding Subsection (c) to read as follows:

(c) It is a defense to prosecution for an offense under Subsection (b) that the actor:

(1) requested emergency medical assistance in response to the possible overdose of the actor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the actor requested emergency medical assistance in response to the possible overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

SECTION 8. Section 481.121, Health and Safety Code, is amended by adding Subsection (c) to read as follows:

(c) It is a defense to prosecution for an offense punishable under Subsection (b)(1) or (2) that the actor:

(1) requested emergency medical assistance in response to the possible overdose of the actor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the actor requested emergency medical assistance in response to the possible overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

SECTION 9. Section 481.125, Health and Safety Code, is amended by adding Subsection (g) to read as follows:

(g) It is a defense to prosecution for an offense under Subsection (a) that the actor:

(1) requested emergency medical assistance in response to the possible overdose of the actor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the actor requested emergency medical assistance in response to the possible overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

SECTION 10. Section 483.041, Health and Safety Code, is amended by adding Subsection (e) to read as follows:

(e) It is a defense to prosecution for an offense under Subsection (a) that the actor:

(1) requested emergency medical assistance in response to the possible overdose of the actor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the actor requested emergency medical assistance in response to the possible overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

SECTION 11. Section 485.031, Health and Safety Code, is amended by adding Subsection (c) to read as follows:

(c) It is a defense to prosecution for an offense under Subsection (a) that the actor:

(1) requested emergency medical assistance in response to the possible overdose of the actor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the actor requested emergency medical assistance in response to the possible overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

SECTION 12. Chapter 483, Health and Safety Code, is amended by adding Subchapter E to read as follows:

SUBCHAPTER E. OPIOID ANTAGONISTS

Sec. 483.101. DEFINITIONS. In this subchapter:

(1) "Emergency services personnel" includes firefighters, police officers and other peace officers, emergency medical services personnel as defined by Section 773.003, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations.

(2) "Health care professional" means a person authorized by law to prescribe an opioid antagonist.

(3) "Opioid antagonist" means any drug that binds to opioid receptors and blocks or disinhibits the effects of opioids acting on those receptors.

(4) "Opioid-related drug overdose" means a condition, evidenced by symptoms such as extreme physical illness, decreased level of consciousness, respiratory depression, or coma, that a layperson would reasonably believe to be the result of the consumption or use of an opioid.

Sec. 483.102. PRESCRIPTION OF OPIOID ANTAGONIST; STANDING ORDER. (a) A health care professional may, directly or by standing order, prescribe, dispense, or distribute an opioid antagonist to:

(1) a person at risk of experiencing an opioid-related drug overdose; or

(2) a family member, friend, or other person in a position to assist a person described by Subdivision (1).

(b) A prescription issued under this section is considered as issued for a legitimate medical purpose in the usual course of professional practice.

(c) A health care professional who, acting with reasonable care, prescribes or dispenses an opioid antagonist is not subject to any criminal or civil liability or any professional disciplinary action for:

(1) prescribing or dispensing the opioid antagonist; or

(2) any outcome resulting from the eventual administration of the opioid antagonist.

Sec. 483.103. DISTRIBUTION OF OPIOID ANTAGONIST; STANDING ORDER. A person or organization acting under a standing order issued by a health care professional may store an opioid antagonist and may dispense an opioid antagonist, provided the person or organization does not request or receive compensation for storage or dispensation.

Sec. 483.104. POSSESSION OF OPIOID ANTAGONIST. Any person may possess an opioid antagonist, regardless of whether the person holds a prescription for the opioid antagonist.

Sec. 483.105. DUTY OF PHARMACISTS. A pharmacist that provides an opioid antagonist to a person shall offer counseling to the person about:

(1) overdose recognition and prevention; and

(2) the administration of opioid antagonists, patient responses, and potential side effects.

Sec. 483.106. ADMINISTRATION OF OPIOID ANTAGONIST. (a) A person who, acting with reasonable care, administers 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 the opioid antagonist.

(b) Emergency services personnel are authorized to administer an opioid antagonist to a person who appears to be suffering an opioid-related drug overdose, as clinically indicated.

(c) This section would not cover liability for emergency services personnel or medical professionals who fail to prescribe or provide opioid antagonist.

Sec. 483.107 OPIOID ANTAGONIST TRAINING. A person, state agency, or political subdivision of the state that provides opioid antagonists to emergency services personnel for use in the regular course of providing emergency services shall provide those personnel with a course of instruction about:

1) Overdose recognition and prevention; and

2) The administration of opioid antagonists, patient responses, and potential side effects.

Sec 483.108 GRANTS. The Health and Human Services Commission and the criminal justice division of the governor's office may issue grants for:

1) Drug overdose prevention;

2) Recognition and response education for individuals, family members, and emergency services personnel; and

3) Opioid antagonist prescription or distribution projects

Sec. 483.109. CONFLICT OF LAW. To the extent of a conflict between this subchapter and another law, this subchapter controls.

SECTION 13. The change in law made by this Act relating to the defense for prosecution for certain offences applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 14. (a) The change in law made by this Act relating to conduct that is grounds for imposition of a disciplinary sanction applies to:

(1) conduct that occurs before September 1, 2015, for which a sanction is imposed on or after that date; or

(2) conduct that occurs on or after September 1, 2015.

(b) Conduct that occurs before September 1, 2015, to which Subsection (a)(1) of this section does not apply is governed by the law in effect on the date the conduct occurred, and the former law is continued in effect for that purpose.

SECTION 15. (a) The change in law made by this Act relating to conduct that is the basis for civil liability applies to:

(1) conduct that occurs before September 1, 2015, for which judgment is entered on or after that date; or

(2) conduct that occurs on or after September 1, 2015.

(b) Conduct that occurs before September 1, 2015, to which Subsection (a)(1) of this section does not apply is governed by the law in effect on the date the conduct occurred, and the former law is continued in effect for that purpose.

SECTION 16. (a) The change in law made by this Act relating to conduct that constitutes a criminal offense applies to:

(1) an offense committed before September 1, 2015, for which judgment is entered on or after that date; or

(2) an offense committed on or after September 1, 2015.

(b) For purposes of this section, an offense is committed before September 1, 2015, if any element of the offense occurs before that date.

(c) An offense committed before September 1, 2015, to which Subsection (a)(1) of this section does not apply is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose.

SECTION 17. This bill takes effect September 1, 2015.