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A BILL TO BE ENTITLED
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AN ACT
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relating to measures to prevent and respond to opioid-related drug |
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overdoses, including policies and training regarding the use of |
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opioid antagonists, at student residences on campuses of public |
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institutions of higher education; providing immunity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 51, Education Code, is amended by adding |
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Subchapter Y-2 to read as follows: |
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SUBCHAPTER Y-2. PROVIDING OPIOID ANTAGONISTS AT CAMPUS RESIDENCE |
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HALLS |
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Sec. 51.891. DEFINITIONS. In this subchapter: |
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(1) "Campus" means an educational unit under the |
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management and control of an institution of higher education and |
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may include, in addition to the main campus, off-campus and |
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secondary locations, such as branch campuses, teaching locations, |
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and regional centers. |
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(2) "Employee" means an employee of an institution of |
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higher education. |
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(3) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(4) "Opioid antagonist" and "opioid-related drug |
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overdose" have the meanings assigned by Section 483.101, Health and |
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Safety Code. |
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(5) "Physician" means a person who holds a license to |
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practice medicine in this state. |
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Sec. 51.892. REQUIRED POLICY REGARDING OPIOID ANTAGONISTS |
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IN RESIDENCE HALLS. (a) Each institution of higher education shall |
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adopt and implement a policy providing for: |
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(1) the availability of opioid antagonists at each |
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residence hall on the institution's campus, including provisions |
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for the acquisition, maintenance, storage, administration, and |
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disposal of those devices; and |
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(2) the training of resident advisors in the proper |
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use of those devices. |
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(b) The policy adopted under Subsection (a) must provide |
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that resident advisors who are authorized and trained may |
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administer an opioid antagonist to a person who is reasonably |
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believed to be experiencing an opioid-related drug overdose in a |
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residence hall on the institution's campus. |
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(c) The commissioner of the Texas Higher Education |
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Coordinating Board with advice from the commissioner of state |
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health services shall adopt rules regarding the maintenance, |
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storage, administration, and disposal of an opioid antagonist to be |
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used in residence halls on the campus of an institution of higher |
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education subject to a policy adopted under Subsection (a). The |
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rules must establish: |
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(1) the process for each institution of higher |
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education to check the inventory of opioid antagonists at regular |
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intervals for expiration and replacement; and |
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(2) the amount of training required for resident |
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advisors to administer an opioid antagonist. |
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(d) Each institution of higher education: |
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(1) must require that all resident advisors be |
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authorized and trained to administer an opioid antagonist; and |
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(2) shall include the policy in the institution's |
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student handbook or similar publication and publish the policy on |
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the institution's Internet website. |
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(e) The supply of opioid antagonists at a campus must be |
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stored in a secure location at each residence hall, and be easily |
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accessible to resident advisors and other employees or volunteers |
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authorized and trained to administer an opioid antagonist. |
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Sec. 51.893. REPORT ON ADMINISTERING OPIOID ANTAGONIST. |
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(a) Not later than the 10th business day after the date a resident |
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advisor, employee, or volunteer administers an opioid antagonist in |
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accordance with a policy adopted under Section 51.892, the |
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institution of higher education shall report the information |
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required under Subsection (b) to the physician who prescribed the |
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opioid antagonist. |
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(b) The report required under this section must include the |
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following information: |
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(1) the age of the person who received the |
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administration of the opioid antagonist; |
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(2) whether the person who received the administration |
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of the opioid antagonist was a student, employee, or visitor; |
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(3) the physical location where the opioid antagonist |
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was administered; |
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(4) the number of doses of opioid antagonist |
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administered; |
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(5) the title of the person who administered the |
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opioid antagonist; and |
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(6) any other information required by the commissioner |
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of higher education. |
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Sec. 51.894. TRAINING. (a) Each institution of higher |
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education is responsible for training resident advisors in the |
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administration of an opioid antagonist. |
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(b) Training required under this section must: |
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(1) include information on: |
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(A) recognizing the signs and symptoms of an |
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opioid-related drug overdose; |
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(B) administering an opioid antagonist; |
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(C) implementing emergency procedures, if |
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necessary, after administering an opioid antagonist; |
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(D) the required alerting of emergency medical |
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services during or immediately after the administration of the |
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opioid antagonist; and |
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(E) properly disposing of used or expired opioid |
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antagonists; |
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(2) be provided to resident advisors along with any |
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other mandatory training the institution imposes, in a formal |
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training session or through online education, and be completed |
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annually; and |
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(3) provide an opportunity to address frequently asked |
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questions. |
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(c) Each institution of higher education shall maintain |
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records on the training required under this section. |
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Sec. 51.895. PRESCRIPTION OF OPIOID ANTAGONISTS. (a) A |
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physician may prescribe opioid antagonists in the name of an |
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institution of higher education. The physician shall provide the |
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institution with a standing order for the administration of an |
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opioid antagonist to a person reasonably believed to be |
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experiencing an opioid-related drug overdose. |
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(b) The standing order under Subsection (a) is not required |
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to be patient-specific, and the opioid antagonist may be |
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administered to a person without an established physician-patient |
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relationship. |
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(c) Notwithstanding any other provisions of law, |
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supervision or delegation by a physician is considered adequate if |
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the physician: |
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(1) periodically reviews the order; and |
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(2) is available through direct telecommunication as |
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needed for consultation, assistance, and direction. |
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(d) An order issued under this section must contain: |
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(1) the name and signature of the prescribing |
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physician; |
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(2) the name of the institution of higher education to |
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which the order is issued; |
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(3) the quantity of opioid antagonists to be obtained |
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and maintained under the order; and |
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(4) the date of issue. |
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(e) A pharmacist may dispense an opioid antagonist to an |
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institution of higher education for purposes of this subchapter |
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without requiring the name or any other identifying information |
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relating to the user. |
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Sec. 51.896. GIFTS, GRANTS, AND DONATIONS. An institution |
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of higher education may accept gifts, grants, donations, and |
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federal funds to implement this subchapter. |
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Sec. 51.897. RULES. The commissioner of higher education |
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shall adopt rules necessary to implement this subchapter. |
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Sec. 51.898. IMMUNITIES. (a) A person who in good faith |
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takes, or fails to take, any action under this subchapter is immune |
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from civil or criminal liability or disciplinary action resulting |
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from that act or failure to act, including: |
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(1) issuing an order for opioid antagonists; |
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(2) supervising or delegating the administration of an |
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opioid antagonist; |
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(3) possessing an opioid antagonist; |
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(4) maintaining an opioid antagonist; |
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(5) storing an opioid antagonist; |
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(6) disposing of an opioid antagonist; |
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(7) prescribing an opioid antagonist; |
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(8) dispensing an opioid antagonist; |
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(9) administering, or assisting in administering, an |
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opioid antagonist; |
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(10) providing, or assisting in providing, training, |
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consultation, or advice in the development, adoption, or |
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implementation of policies, guidelines, rules, or plans regarding |
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the availability and use of an opioid antagonist; or |
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(11) undertaking any other act permitted or required |
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under this subchapter. |
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(b) The immunity provided by Subsection (a) is in addition |
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to other immunity or limitations of liability provided by law. |
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(c) Notwithstanding any other law, this subchapter does not |
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create a civil, criminal, or administrative cause of action or |
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liability or create a standard of care, obligation, or duty that |
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provides the basis for a cause of action for an act or omission |
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under this subchapter. |
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(d) An institution of higher education is immune from suit |
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resulting from an act, or failure to act, of any person under this |
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subchapter, including an act or failure to act under related |
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policies and procedures. |
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(e) A cause of action does not arise from an act or omission |
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described by this section. |
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(f) A person acting in good faith who reports or requests |
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emergency medical assistance for a person who is reasonably |
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believed to be experiencing an opioid-related drug overdose in a |
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residence hall on campus: |
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(1) is immune from civil liability, and from criminal |
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liability for offenses under Section 481.115(b), 481.1151(b)(1), |
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481.116(b), 481.1161(b)(1), 481.1161(b)(2), 481.117(b), |
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481.118(b), 481.119(b), 481.121(b)(1), 481.121(b)(2), 481.125(a), |
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483.041(a), or 485.031(a), Health and Safety Code, that might |
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otherwise be incurred or imposed as a result of those actions; and |
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(2) may not be subjected to any disciplinary action by |
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the institution of higher education at which the person is enrolled |
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or employed for any violation by the person of the institution's |
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code of conduct reasonably related to the incident unless |
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suspension or expulsion from the institution is a possible |
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punishment. |
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SECTION 2. Each institution of higher education to which |
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Subchapter Y-2, Chapter 51, Education Code, as added by this Act, |
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applies shall implement that subchapter as soon as practicable, but |
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not later than the 2024 fall semester. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |