bill to stock overdose-reversal drugs in every residence hall

The text as introduced · 1,493 words

90R3712 CXP-D

By: Cole
H.B. No. 1004

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) "Coordinating board" means the Texas Higher

Education Coordinating Board.

(3) "Employee" means an individual employed by an

institution of higher education.

(4) "Institution of higher education" has the meaning

assigned by Section 61.003.

(5) "Opioid antagonist" and "opioid-related drug

overdose" have the meanings assigned by Section 483.101, Health and

Safety Code.

(6) "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 that

offers on-campus student housing 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 drugs; and

(2) the training of resident advisors in the proper

use of those drugs.

(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 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 a campus under 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 a resident

advisor to administer an opioid antagonist.

(d) Each institution of higher education that offers

on-campus student housing shall:

(1) include the policy adopted under Subsection (a) in

the institution's student handbook or similar publication; and

(2) 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 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 administers an opioid antagonist in accordance with a

policy adopted by an institution of higher education under Section

51.892, the institution 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 job title of the employee who administered the

opioid antagonist; and

(6) any other information required by coordinating

board rule.

Sec. 51.894. TRAINING. (a) An institution of higher

education is responsible for training resident advisors in the

administration of an opioid antagonist under the policy adopted by

the institution under Section 51.892.

(b) The training 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) An institution of higher education shall maintain

records on the training provided by the institution 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. In addition to rules required by

Section 51.892, the coordinating board may adopt other 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

after this Act takes effect, but not later than the 2028 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, 2027.