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A BILL TO BE ENTITLED
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AN ACT
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relating to the prescription, administration, and possession of |
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certain opioid antagonists for the treatment of a suspected |
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overdose and a defense to prosecution for certain offenses |
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involving controlled substances and other prohibited drugs, |
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substances, or paraphernalia for defendants seeking assistance for |
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a suspected overdose. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.115, Health and Safety Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) It is a defense to prosecution for an offense punishable |
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under Subsection (b) that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible overdose of the actor or another person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); and |
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(3) if the actor requested emergency medical |
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assistance in response to the possible overdose of another person: |
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(A) remained on the scene until the medical |
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assistance arrived; and |
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(B) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 2. Section 481.1151, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) It is a defense to prosecution for an offense punishable |
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under Subsection (b)(1) that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible overdose of the actor or another person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); and |
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(3) if the actor requested emergency medical |
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assistance in response to the possible overdose of another person: |
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(A) remained on the scene until the medical |
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assistance arrived; and |
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(B) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 3. Section 481.116, Health and Safety Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) It is a defense to prosecution for an offense punishable |
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under Subsection (b) that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible overdose of the actor or another person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); and |
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(3) if the actor requested emergency medical |
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assistance in response to the possible overdose of another person: |
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(A) remained on the scene until the medical |
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assistance arrived; and |
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(B) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 4. Section 481.1161, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) It is a defense to prosecution for an offense punishable |
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under Subsection (b)(1) or (2) that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible overdose of the actor or another person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); and |
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(3) if the actor requested emergency medical |
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assistance in response to the possible overdose of another person: |
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(A) remained on the scene until the medical |
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assistance arrived; and |
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(B) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 5. Section 481.117, Health and Safety Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) It is a defense to prosecution for an offense punishable |
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under Subsection (b) that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible overdose of the actor or another person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); and |
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(3) if the actor requested emergency medical |
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assistance in response to the possible overdose of another person: |
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(A) remained on the scene until the medical |
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assistance arrived; and |
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(B) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 6. Section 481.118, Health and Safety Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) It is a defense to prosecution for an offense punishable |
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under Subsection (b) that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible overdose of the actor or another person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); and |
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(3) if the actor requested emergency medical |
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assistance in response to the possible overdose of another person: |
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(A) remained on the scene until the medical |
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assistance arrived; and |
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(B) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 7. Section 481.119, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) It is a defense to prosecution for an offense under |
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Subsection (b) that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible overdose of the actor or another person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); and |
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(3) if the actor requested emergency medical |
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assistance in response to the possible overdose of another person: |
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(A) remained on the scene until the medical |
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assistance arrived; and |
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(B) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 8. Section 481.121, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) It is a defense to prosecution for an offense punishable |
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under Subsection (b)(1) or (2) that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible overdose of the actor or another person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); and |
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(3) if the actor requested emergency medical |
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assistance in response to the possible overdose of another person: |
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(A) remained on the scene until the medical |
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assistance arrived; and |
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(B) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 9. Section 481.125, Health and Safety Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) It is a defense to prosecution for an offense under |
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Subsection (a) that the actor: |
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|
(1) requested emergency medical assistance in |
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|
response to the possible overdose of the actor or another person; |
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(2) was the first person to make a request for medical |
|
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assistance under Subdivision (1); and |
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(3) if the actor requested emergency medical |
|
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assistance in response to the possible overdose of another person: |
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(A) remained on the scene until the medical |
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assistance arrived; and |
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(B) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 10. Section 483.041, Health and Safety Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) It is a defense to prosecution for an offense under |
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Subsection (a) that the actor: |
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(1) requested emergency medical assistance in |
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response to the possible overdose of the actor or another person; |
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(2) was the first person to make a request for medical |
|
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assistance under Subdivision (1); and |
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(3) if the actor requested emergency medical |
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assistance in response to the possible overdose of another person: |
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(A) remained on the scene until the medical |
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assistance arrived; and |
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(B) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 11. Section 485.031, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) It is a defense to prosecution for an offense under |
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Subsection (a) that the actor: |
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|
(1) requested emergency medical assistance in |
|
|
response to the possible overdose of the actor or another person; |
|
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(2) was the first person to make a request for medical |
|
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assistance under Subdivision (1); and |
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(3) if the actor requested emergency medical |
|
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assistance in response to the possible overdose of another person: |
|
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(A) remained on the scene until the medical |
|
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assistance arrived; and |
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(B) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 12. Chapter 483, Health and Safety Code, is amended |
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by adding Subchapter E to read as follows: |
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SUBCHAPTER E. OPIOID ANTAGONISTS |
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Sec. 483.101. DEFINITIONS. In this subchapter: |
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(1) "Emergency services personnel" includes |
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firefighters, police officers and other peace officers, emergency |
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medical services personnel as defined by Section 773.003, emergency |
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room personnel, and other individuals who, in the course and scope |
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of employment or as a volunteer, provide services for the benefit of |
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the general public during emergency situations. |
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(2) "Health care professional" means a person |
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authorized by law to prescribe an opioid antagonist. |
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(3) "Opioid antagonist" means any drug that binds to |
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opioid receptors and blocks or disinhibits the effects of opioids |
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acting on those receptors. |
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(4) "Opioid-related drug overdose" means a condition, |
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evidenced by symptoms such as extreme physical illness, decreased |
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level of consciousness, respiratory depression, or coma, that a |
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layperson would reasonably believe to be the result of the |
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consumption or use of an opioid. |
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Sec. 483.102. PRESCRIPTION OF OPIOID ANTAGONIST; STANDING |
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ORDER. (a) A health care professional may, directly or by standing |
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order, prescribe, dispense, or distribute an opioid antagonist to: |
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(1) a person at risk of experiencing an opioid-related |
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drug overdose; or |
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(2) a family member, friend, or other person in a |
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position to assist a person described by Subdivision (1). |
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(b) A prescription issued under this section is considered |
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as issued for a legitimate medical purpose in the usual course of |
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professional practice. |
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(c) A health care professional who, acting with reasonable |
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care, prescribes or dispenses an opioid antagonist is not subject |
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to any criminal or civil liability or any professional disciplinary |
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action for: |
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(1) prescribing or dispensing the opioid antagonist; |
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or |
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(2) any outcome resulting from the eventual |
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administration of the opioid antagonist. |
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Sec. 483.103. DISTRIBUTION OF OPIOID ANTAGONIST; STANDING |
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ORDER. A person or organization acting under a standing order |
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issued by a health care professional may store an opioid antagonist |
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and may dispense an opioid antagonist, provided the person or |
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organization does not request or receive compensation for storage |
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or dispensation. |
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Sec. 483.104. POSSESSION OF OPIOID ANTAGONIST. Any person |
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may possess an opioid antagonist, regardless of whether the person |
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holds a prescription for the opioid antagonist. |
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Sec. 483.105. DUTY OF PHARMACISTS. A pharmacist that |
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provides an opioid antagonist to a person shall offer counseling to |
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the person about: |
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(1) overdose recognition and prevention; and |
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(2) the administration of opioid antagonists, patient |
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responses, and potential side effects. |
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Sec. 483.106. ADMINISTRATION OF OPIOID ANTAGONIST. (a) A |
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person who, acting with reasonable care, administers an opioid |
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antagonist to another person whom the person believes is suffering |
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an opioid-related drug overdose is not subject to criminal |
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prosecution, sanction under any professional licensing statute, or |
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civil liability, for an act or omission resulting from the |
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administration of the opioid antagonist. |
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(b) Emergency services personnel are authorized to |
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administer an opioid antagonist to a person who appears to be |
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suffering an opioid-related drug overdose, as clinically |
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indicated. |
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Sec. 483.107. OPIOID ANTAGONIST TRAINING. A person, state |
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agency, or political subdivision of the state that provides opioid |
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antagonists to emergency services personnel for use in the regular |
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course of providing emergency services shall provide those |
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personnel with a course of instruction about: |
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(1) overdose recognition and prevention; and |
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(2) the administration of opioid antagonists, patient |
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responses, and potential side effects. |
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Sec. 483.108. GRANTS. The Health and Human Services |
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Commission and the criminal justice division of the governor's |
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office may issue grants for: |
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(1) drug overdose prevention; |
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(2) recognition and response education for |
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individuals, family members, and emergency services personnel; and |
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(3) opioid antagonist prescription or distribution |
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projects. |
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Sec. 483.109. CONFLICT OF LAW. To the extent of a conflict |
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between this subchapter and another law, this subchapter controls. |
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SECTION 13. (a) The change in law made by this Act relating |
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to conduct that is grounds for imposition of a disciplinary |
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sanction applies only to conduct that occurs on or after September |
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1, 2015. |
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(b) Conduct that occurs before September 1, 2015, is |
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governed by the law in effect on the date the conduct occurred, and |
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the former law is continued in effect for that purpose. |
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SECTION 14. (a) The change in law made by this Act relating |
|
|
to conduct that is the basis for civil liability applies only to |
|
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conduct that occurs on or after September 1, 2015. |
|
|
(b) Conduct that occurs before September 1, 2015, is |
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governed by the law in effect on the date the conduct occurred, and |
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the former law is continued in effect for that purpose. |
|
|
SECTION 15. (a) The change in law made by this Act relating |
|
|
to conduct that constitutes a criminal offense applies only to an |
|
|
offense committed on or after September 1, 2015. |
|
|
(b) For purposes of this section, an offense is committed |
|
|
before September 1, 2015, if any element of the offense occurs |
|
|
before that date. |
|
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(c) An offense committed before September 1, 2015, is |
|
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 16. This Act takes effect September 1, 2015. |