88R3812 CXP-D
 
  By: Cole, González of Dallas, Oliverson, H.B. No. 3338
      Hernandez, Talarico, et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to measures to prevent and respond to opioid-related drug
  overdoses, including policies and training regarding the use of
  opioid antagonists, at student residences on campuses of public
  institutions of higher education; providing immunity.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 51, Education Code, is amended by adding
  Subchapter Y-2 to read as follows:
  SUBCHAPTER Y-2. PROVIDING OPIOID ANTAGONISTS AT CAMPUS RESIDENCE
  HALLS
         Sec. 51.891.  DEFINITIONS. In this subchapter:
               (1)  "Campus" means an educational unit under the
  management and control of an institution of higher education and
  may include, in addition to the main campus, off-campus and
  secondary locations, such as branch campuses, teaching locations,
  and regional centers.
               (2)  "Employee" means an employee of an institution of
  higher education.
               (3)  "Institution of higher education" has the meaning
  assigned by Section 61.003.
               (4)  "Opioid antagonist" and "opioid-related drug
  overdose" have the meanings assigned by Section 483.101, Health and
  Safety Code.
               (5)  "Physician" means a person who holds a license to
  practice medicine in this state.
         Sec. 51.892.  REQUIRED POLICY REGARDING OPIOID ANTAGONISTS
  IN RESIDENCE HALLS. (a)  Each institution of higher education shall
  adopt and implement a policy providing for:
               (1)  the availability of opioid antagonists at each
  residence hall on the institution's campus, including provisions
  for the acquisition, maintenance, storage, administration, and
  disposal of those devices; and
               (2)  the training of resident advisors in the proper
  use of those devices.
         (b)  The policy adopted under Subsection (a) must provide
  that resident advisors 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 in a
  residence hall on the institution's campus.
         (c)  The commissioner of the Texas Higher Education
  Coordinating Board with advice from the commissioner of state
  health services shall adopt rules regarding the maintenance,
  storage, administration, and disposal of an opioid antagonist to be
  used in residence halls on the campus of an institution of higher
  education subject to a policy adopted under Subsection (a). The
  rules must establish:
               (1)  the process for each institution of higher
  education to check the inventory of opioid antagonists at regular
  intervals for expiration and replacement; and
               (2)  the amount of training required for resident
  advisors to administer an opioid antagonist.
         (d)  Each institution of higher education:
               (1)  must require that all resident advisors be
  authorized and trained to administer an opioid antagonist; and
               (2)  shall include the policy in the institution's
  student handbook or similar publication and publish the policy on
  the institution's Internet website.
         (e)  The supply of opioid antagonists at a campus must be
  stored in a secure location at each residence hall, and be easily
  accessible to resident advisors and other employees or volunteers
  authorized and trained to administer an opioid antagonist.
         Sec. 51.893.  REPORT ON ADMINISTERING OPIOID ANTAGONIST.  
  (a)  Not later than the 10th business day after the date a resident
  advisor, employee, or volunteer administers an opioid antagonist in
  accordance with a policy adopted under Section 51.892, the
  institution of higher education shall report the information
  required under Subsection (b) to the physician who prescribed the
  opioid antagonist.
         (b)  The report required under this section must include the
  following information:
               (1)  the age of the person who received the
  administration of the opioid antagonist;
               (2)  whether the person who received the administration
  of the opioid antagonist was a student, employee, or visitor;
               (3)  the physical location where the opioid antagonist
  was administered;
               (4)  the number of doses of opioid antagonist
  administered;
               (5)  the title of the person who administered the
  opioid antagonist; and
               (6)  any other information required by the commissioner
  of higher education.
         Sec. 51.894.  TRAINING. (a)  Each institution of higher
  education is responsible for training resident advisors 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;
                     (D)  the required alerting of emergency medical
  services during or immediately after the administration of the
  opioid antagonist; and
                     (E)  properly disposing of used or expired opioid
  antagonists;
               (2)  be provided to resident advisors along with any
  other mandatory training the institution imposes, in a formal
  training session or through online education, and be completed
  annually; and
               (3)  provide an opportunity to address frequently asked
  questions.
         (c)  Each institution of higher education shall maintain
  records on the training required under this section.
         Sec. 51.895.  PRESCRIPTION OF OPIOID ANTAGONISTS.  (a)  A
  physician may prescribe opioid antagonists in the name of an
  institution of higher education. The physician shall provide the
  institution with a standing order for the administration of an
  opioid antagonist to a person reasonably believed to be
  experiencing an opioid-related drug overdose.
         (b)  The standing order under Subsection (a) is not required
  to be patient-specific, and the opioid antagonist may be
  administered to a person without an established physician-patient
  relationship.
         (c)  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.
         (d)  An order issued under this section must contain:
               (1)  the name and signature of the prescribing
  physician;
               (2)  the name of the institution of higher education 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.
         (e)  A pharmacist may dispense an opioid antagonist to an
  institution of higher education for purposes of this subchapter
  without requiring the name or any other identifying information
  relating to the user.
         Sec. 51.896.  GIFTS, GRANTS, AND DONATIONS.  An institution
  of higher education may accept gifts, grants, donations, and
  federal funds to implement this subchapter.
         Sec. 51.897.  RULES. The commissioner of higher education
  shall adopt rules necessary to implement this subchapter.
         Sec. 51.898.  IMMUNITIES. (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 act or failure to act, including:
               (1)  issuing an order for opioid antagonists;
               (2)  supervising or delegating the administration of an
  opioid antagonist;
               (3)  possessing an opioid antagonist;
               (4)  maintaining an opioid antagonist;
               (5)  storing an opioid antagonist;
               (6)  disposing of an opioid antagonist;
               (7)  prescribing an opioid antagonist;
               (8)  dispensing an opioid antagonist;
               (9)  administering, or assisting in administering, an
  opioid antagonist;
               (10)  providing, or assisting in providing, training,
  consultation, or advice in the development, adoption, or
  implementation of policies, guidelines, rules, or plans regarding
  the availability and use of an opioid antagonist; or
               (11)  undertaking any other act permitted or required
  under this subchapter.
         (b)  The immunity provided by Subsection (a) is in addition
  to other immunity 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 the basis for a cause of action for an act or omission
  under this subchapter.
         (d)  An institution of higher education is immune from suit
  resulting from an act, or failure to act, of any person under this
  subchapter, including an act or failure to act under related
  policies and procedures.
         (e)  A cause of action does not arise from an act or omission
  described by this section.
         (f)  A person acting in good faith who reports or requests
  emergency medical assistance for a person who is reasonably
  believed to be experiencing an opioid-related drug overdose in a
  residence hall on campus:
               (1)  is immune from civil liability, and from criminal
  liability for offenses under Section 481.115(b), 481.1151(b)(1),
  481.116(b), 481.1161(b)(1), 481.1161(b)(2), 481.117(b),
  481.118(b), 481.119(b), 481.121(b)(1), 481.121(b)(2), 481.125(a),
  483.041(a), or 485.031(a), Health and Safety Code, that might
  otherwise be incurred or imposed as a result of those actions; and
               (2)  may not be subjected to any disciplinary action by
  the institution of higher education at which the person is enrolled
  or employed for any violation by the person of the institution's
  code of conduct reasonably related to the incident unless
  suspension or expulsion from the institution is a possible
  punishment.
         SECTION 2.  Each institution of higher education to which
  Subchapter Y-2, Chapter 51, Education Code, as added by this Act,
  applies shall implement that subchapter as soon as practicable, but
  not later than the 2024 fall semester.
         SECTION 3.  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.