88R14483 GCB-D

By: Zwiener H.B. No. 3602

A BILL TO BE ENTITLED

AN ACT

relating to the maintenance, administration, and disposal of opioid antagonists at school district campuses serving students in grades six and above.

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

SECTION 1. Chapter 38, Education Code, is amended by adding Subchapter E-1 to read as follows:

SUBCHAPTER E-1. MAINTENANCE, ADMINISTRATION, AND DISPOSAL OF

OPIOID ANTAGONISTS

Sec. 38.221. DEFINITIONS. In this subchapter:

(1) "Opioid antagonist" and "opioid-related drug overdose" have the meanings assigned by Section 483.101, Health and Safety Code.

(2) "Physician" means a person who holds a license to practice medicine in this state.

Sec. 38.222. MAINTENANCE, ADMINISTRATION, AND DISPOSAL OF OPIOID ANTAGONISTS. (a) Each school district shall adopt and implement a policy regarding the maintenance, administration, and disposal of opioid antagonists at each campus in the district that serves students in grades 6 through 12.

(b) A policy adopted under this section must:

(1) provide that school personnel and school volunteers 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; and

(2) require that each school district campus subject to a policy adopted under this section have one or more school personnel members or school volunteers authorized and trained to administer an opioid antagonist present during regular school hours.

(c) The supply of opioid antagonists at each school district campus subject to a policy adopted under this section must be stored in a secure location and be easily accessible to school personnel and school volunteers authorized and trained to administer an opioid antagonist.

(d) The executive commissioner of the Health and Human Services Commission, in consultation with the commissioner of education, shall adopt rules regarding the maintenance, administration, and disposal of opioid antagonists at a school district campus subject to a policy adopted under this section. The rules must establish:

(1) the number of opioid antagonists available at each district campus;

(2) the process for checking the inventory of opioid antagonists at regular intervals for expiration and replacement; and

(3) the amount of training required for school personnel and school volunteers to administer an opioid antagonist.

Sec. 38.223. TRAINING. (a) Each school district is responsible for training school personnel and school volunteers 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; and

(D) properly disposing of used or expired opioid antagonists;

(2) be provided in a formal training session or through online education; and

(3) be provided in accordance with the policy adopted under Section 21.4515.

(c) Each school district shall maintain records on the training required under this section.

Sec. 38.224. PRESCRIPTION OF OPIOID ANTAGONISTS. (a) A physician or person who has been delegated prescriptive authority under Chapter 157, Occupations Code, may prescribe opioid antagonists in the name of a school district.

(b) A physician or other person who prescribes opioid antagonists under Subsection (a) shall provide the school district with a standing order for the administration of an opioid antagonist to a person reasonably believed to be experiencing an opioid-related drug overdose.

(c) The standing order under Subsection (b) is not required to be patient-specific, and the opioid antagonist may be administered to a person without a previously established physician-patient relationship.

(d) 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.

(e) An order issued under this section must contain:

(1) the name and signature of the prescribing physician or other person;

(2) the name of the school district 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.

(f) A pharmacist may dispense an opioid antagonist to a school district without requiring the name or any other identifying information relating to the user.

Sec. 38.225. NOTICE TO PARENTS. A school district shall provide written notice to a parent or guardian of each student enrolled at a campus in the district subject to a policy adopted under Section 38.222. Notice required under this section must be provided before a policy is implemented by the district and before the start of each school year.

Sec. 38.226. GIFTS, GRANTS, AND DONATIONS. A school district may accept gifts, grants, donations, and federal and local funds to implement this subchapter.

Sec. 38.227. IMMUNITY FROM LIABILITY. (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 action or failure to act, including:

(1) issuing an order for opioid antagonists;

(2) supervising or delegating the administration of an opioid antagonist;

(3) possessing, maintaining, storing, or disposing of an opioid antagonist;

(4) prescribing an opioid antagonist;

(5) dispensing an opioid antagonist;

(6) administering, or assisting in administering, an opioid antagonist;

(7) providing, or assisting in providing, training, consultation, or advice in the development, adoption, or implementation of policies, guidelines, rules, or plans; or

(8) undertaking any other act permitted or required under this subchapter.

(b) The immunities and protections provided by this subchapter are in addition to other immunities 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 a basis for a cause of action for an act or omission under this subchapter.

(d) A cause of action does not arise from an act or omission described by this section.

(e) A school district and school personnel and school volunteers are immune from suit resulting from an act, or failure to act, under this subchapter, including an act or failure to act under related policies and procedures.

(f) An act or failure to act by school personnel or a school volunteer under this subchapter, including an act or failure to act under related policies and procedures, is the exercise of judgment or discretion on the part of the school personnel or school volunteer and is not considered to be a ministerial act for purposes of liability of the school district.

Sec. 38.228. RULES. Except as otherwise provided by this subchapter, the commissioner of education and the executive commissioner of the Health and Human Services Commission shall jointly adopt rules necessary to implement this subchapter.

SECTION 2. Not later than November 1, 2023:

(1) the executive commissioner of the Health and Human Services Commission shall, in consultation with the commissioner of education, adopt rules required under Section 38.222, Education Code, as added by this Act; and

(2) the commissioner of education and the executive commissioner of the Health and Human Services Commission shall jointly adopt rules necessary to implement Subchapter E-1, Chapter 38, Education Code, as added by this Act.

SECTION 3. Notwithstanding the effective date of this Act, a school district is not required to comply with Section 38.222, Education Code, as added by this Act, before January 1, 2024.

SECTION 4. 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.