Honorable Charles Schwertner, Chair, Senate Committee on Health & Human Services
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
SB584 by West (Relating to guidelines for prescribing opioid antagonists.), Committee Report 1st House, Substituted
The provisions of the bill addressing felony sanctions for criminal offenses are the subject of this analysis. The bill would amend the Occupations Code to establish guidelines for prescribing opioid antagonists. Under the provisions of the bill, a physician acting in certain circumstances would not be subject to criminal liability for certain actions with respect to the prescribing of opioid antagonists. Punishments for these actions range from the misdemeanor to felony level with the punishment based on the specific circumstances of the offense.
A third degree felony is punishable by confinement in prison for a term from 2 to 10 years and a state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or Class A Misdemeanor punishment. In addition to confinement, all felony level offenses are subject to an optional fine not to exceed $10,000.
Limiting behaviors subject to criminal liability for certain individuals is expected to result in reduced demands on the correctional resources of the counties or of the State due to an expected decrease in the number of individuals prosecuted, sentenced to a term of supervision in the community or to a term of confinement within a state correctional institution. In fiscal year 2016, fewer than 10 individuals were arrested, fewer than 10 were placed under felony community supervision, and fewer than 10 were admitted into state correctional institutions for offenses to which physicians would be subject to criminal liability under the provisions of the bill. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on the demand for state correctional resources.