H.B. No. 225

	AN ACT
	relating to the prescription, administration, and possession of
	certain opioid antagonists for the treatment of a suspected
	overdose and a defense to prosecution for certain offenses
	involving controlled substances and other prohibited drugs,
	substances, or paraphernalia for defendants seeking assistance for
	a suspected overdose.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 481.115, Health and Safety Code, is
	amended by adding Subsections (g), (h), and (i) to read as follows:
	(g)  It is a defense to prosecution for an offense punishable
	under Subsection (b) that the actor:
	(1)  was the first person to request emergency medical
	assistance in response to the possible overdose of another person
	and:
	(A)  made the request for medical assistance
	during an ongoing medical emergency;
	(B)  remained on the scene until the medical
	assistance arrived; and
	(C)  cooperated with medical assistance and law
	enforcement personnel; or
	(2)  was the victim of a possible overdose for which
	emergency medical assistance was requested, by the actor or by
	another person, during an ongoing medical emergency.
	(h)  The defense to prosecution provided by Subsection (g) is
	not available if, at the time the request for emergency medical
	assistance was made, a peace officer was in the process of arresting
	the actor or executing a search warrant describing the actor or the
	place from which the request for medical assistance was made.
	(i)  The defense to prosecution provided by Subsection (g)
	does not preclude the admission of evidence obtained by law
	enforcement resulting from the request for emergency medical
	assistance if that evidence pertains to an offense for which the
	defense described by Subsection (g) is not available.
	SECTION 2.  Section 481.1151, Health and Safety Code, is
	amended by adding Subsections (c), (d), and (e) to read as follows:
	(c)  It is a defense to prosecution for an offense punishable
	under Subsection (b)(1) that the actor:
	(1)  was the first person to request emergency medical
	assistance in response to the possible overdose of another person
	and:
	(A)  made the request for medical assistance
	during an ongoing medical emergency;
	(B)  remained on the scene until the medical
	assistance arrived; and
	(C)  cooperated with medical assistance and law
	enforcement personnel; or
	(2)  was the victim of a possible overdose for which
	emergency medical assistance was requested, by the actor or by
	another person, during an ongoing medical emergency.
	(d)  The defense to prosecution provided by Subsection (c) is
	not available if, at the time the request for emergency medical
	assistance was made, a peace officer was in the process of arresting
	the actor or executing a search warrant describing the actor or the
	place from which the request for medical assistance was made.
	(e)  The defense to prosecution provided by Subsection (c)
	does not preclude the admission of evidence obtained by law
	enforcement resulting from the request for emergency medical
	assistance if that evidence pertains to an offense for which the
	defense described by Subsection (c) is not available.
	SECTION 3.  Section 481.116, Health and Safety Code, is
	amended by adding Subsections (f), (g), and (h) to read as follows:
	(f)  It is a defense to prosecution for an offense punishable
	under Subsection (b) that the actor:
	(1)  was the first person to request emergency medical
	assistance in response to the possible overdose of another person
	and:
	(A)  made the request for medical assistance
	during an ongoing medical emergency;
	(B)  remained on the scene until the medical
	assistance arrived; and
	(C)  cooperated with medical assistance and law
	enforcement personnel; or
	(2)  was the victim of a possible overdose for which
	emergency medical assistance was requested, by the actor or by
	another person, during an ongoing medical emergency.
	(g)  The defense to prosecution provided by Subsection (f) is
	not available if, at the time the request for emergency medical
	assistance was made, a peace officer was in the process of arresting
	the actor or executing a search warrant describing the actor or the
	place from which the request for medical assistance was made.
	(h)  The defense to prosecution provided by Subsection (f)
	does not preclude the admission of evidence obtained by law
	enforcement resulting from the request for emergency medical
	assistance if that evidence pertains to an offense for which the
	defense described by Subsection (f) is not available.
	SECTION 4.  Section 481.1161, Health and Safety Code, is
	amended by adding Subsections (c), (d), and (e) to read as follows:
	(c)  It is a defense to prosecution for an offense punishable
	under Subsection (b)(1) or (2) that the actor:
	(1)  was the first person to request emergency medical
	assistance in response to the possible overdose of another person
	and:
	(A)  made the request for medical assistance
	during an ongoing medical emergency;
	(B)  remained on the scene until the medical
	assistance arrived; and
	(C)  cooperated with medical assistance and law
	enforcement personnel; or
	(2)  was the victim of a possible overdose for which
	emergency medical assistance was requested, by the actor or by
	another person, during an ongoing medical emergency.
	(d)  The defense to prosecution provided by Subsection (c) is
	not available if, at the time the request for emergency medical
	assistance was made, a peace officer was in the process of arresting
	the actor or executing a search warrant describing the actor or the
	place from which the request for medical assistance was made.
	(e)  The defense to prosecution provided by Subsection (c)
	does not preclude the admission of evidence obtained by law
	enforcement resulting from the request for emergency medical
	assistance if that evidence pertains to an offense for which the
	defense described by Subsection (c) is not available.
	SECTION 5.  Section 481.117, Health and Safety Code, is
	amended by adding Subsections (f), (g), and (h) to read as follows:
	(f)  It is a defense to prosecution for an offense punishable
	under Subsection (b) that the actor:
	(1)  was the first person to request emergency medical
	assistance in response to the possible overdose of another person
	and:
	(A)  made the request for medical assistance
	during an ongoing medical emergency;
	(B)  remained on the scene until the medical
	assistance arrived; and
	(C)  cooperated with medical assistance and law
	enforcement personnel; or
	(2)  was the victim of a possible overdose for which
	emergency medical assistance was requested, by the actor or by
	another person, during an ongoing medical emergency.
	(g)  The defense to prosecution provided by Subsection (f) is
	not available if, at the time the request for emergency medical
	assistance was made, a peace officer was in the process of arresting
	the actor or executing a search warrant describing the actor or the
	place from which the request for medical assistance was made.
	(h)  The defense to prosecution provided by Subsection (f)
	does not preclude the admission of evidence obtained by law
	enforcement resulting from the request for emergency medical
	assistance if that evidence pertains to an offense for which the
	defense described by Subsection (f) is not available.
	SECTION 6.  Section 481.118, Health and Safety Code, is
	amended by adding Subsections (f), (g), and (h) to read as follows:
	(f)  It is a defense to prosecution for an offense punishable
	under Subsection (b) that the actor:
	(1)  was the first person to request emergency medical
	assistance in response to the possible overdose of another person
	and:
	(A)  made the request for medical assistance
	during an ongoing medical emergency;
	(B)  remained on the scene until the medical
	assistance arrived; and
	(C)  cooperated with medical assistance and law
	enforcement personnel; or
	(2)  was the victim of a possible overdose for which
	emergency medical assistance was requested, by the actor or by
	another person, during an ongoing medical emergency.
	(g)  The defense to prosecution provided by Subsection (f) is
	not available if, at the time the request for emergency medical
	assistance was made, a peace officer was in the process of arresting
	the actor or executing a search warrant describing the actor or the
	place from which the request for medical assistance was made.
	(h)  The defense to prosecution provided by Subsection (f)
	does not preclude the admission of evidence obtained by law
	enforcement resulting from the request for emergency medical
	assistance if that evidence pertains to an offense for which the
	defense described by Subsection (f) is not available.
	SECTION 7.  Section 481.119, Health and Safety Code, is
	amended by adding Subsections (c), (d), and (e) to read as follows:
	(c)  It is a defense to prosecution for an offense under
	Subsection (b) that the actor:
	(1)  was the first person to request emergency medical
	assistance in response to the possible overdose of another person
	and:
	(A)  made the request for medical assistance
	during an ongoing medical emergency;
	(B)  remained on the scene until the medical
	assistance arrived; and
	(C)  cooperated with medical assistance and law
	enforcement personnel; or
	(2)  was the victim of a possible overdose for which
	emergency medical assistance was requested, by the actor or by
	another person, during an ongoing medical emergency.
	(d)  The defense to prosecution provided by Subsection (c) is
	not available if, at the time the request for emergency medical
	assistance was made, a peace officer was in the process of arresting
	the actor or executing a search warrant describing the actor or the
	place from which the request for medical assistance was made.
	(e)  The defense to prosecution provided by Subsection (c)
	does not preclude the admission of evidence obtained by law
	enforcement resulting from the request for emergency medical
	assistance if that evidence pertains to an offense for which the
	defense described by Subsection (c) is not available.
	SECTION 8.  Section 481.121, Health and Safety Code, is
	amended by adding Subsections (c), (d), and (e) to read as follows:
	(c)  It is a defense to prosecution for an offense punishable
	under Subsection (b)(1) or (2) that the actor:
	(1)  was the first person to request emergency medical
	assistance in response to the possible overdose of another person
	and:
	(A)  made the request for medical assistance
	during an ongoing medical emergency;
	(B)  remained on the scene until the medical
	assistance arrived; and
	(C)  cooperated with medical assistance and law
	enforcement personnel; or
	(2)  was the victim of a possible overdose for which
	emergency medical assistance was requested, by the actor or by
	another person, during an ongoing medical emergency.
	(d)  The defense to prosecution provided by Subsection (c) is
	not available if, at the time the request for emergency medical
	assistance was made, a peace officer was in the process of arresting
	the actor or executing a search warrant describing the actor or the
	place from which the request for medical assistance was made.
	(e)  The defense to prosecution provided by Subsection (c)
	does not preclude the admission of evidence obtained by law
	enforcement resulting from the request for emergency medical
	assistance if that evidence pertains to an offense for which the
	defense described by Subsection (c) is not available.
	SECTION 9.  Section 481.125, Health and Safety Code, is
	amended by adding Subsections (g), (h), and (i) to read as follows:
	(g)  It is a defense to prosecution for an offense under
	Subsection (a) that the actor:
	(1)  was the first person to request emergency medical
	assistance in response to the possible overdose of another person
	and:
	(A)  made the request for medical assistance
	during an ongoing medical emergency;
	(B)  remained on the scene until the medical
	assistance arrived; and
	(C)  cooperated with medical assistance and law
	enforcement personnel; or
	(2)  was the victim of a possible overdose for which
	emergency medical assistance was requested, by the actor or by
	another person, during an ongoing medical emergency.
	(h)  The defense to prosecution provided by Subsection (g) is
	not available if, at the time the request for emergency medical
	assistance was made, a peace officer was in the process of arresting
	the actor or executing a search warrant describing the actor or the
	place from which the request for medical assistance was made.
	(i)  The defense to prosecution provided by Subsection (g)
	does not preclude the admission of evidence obtained by law
	enforcement resulting from the request for emergency medical
	assistance if that evidence pertains to an offense for which the
	defense described by Subsection (g) is not available.
	SECTION 10.  Section 483.041, Health and Safety Code, is
	amended by adding Subsections (e), (f), and (g) to read as follows:
	(e)  It is a defense to prosecution for an offense under
	Subsection (a) that the actor:
	(1)  was the first person to request emergency medical
	assistance in response to the possible overdose of another person
	and:
	(A)  made the request for medical assistance
	during an ongoing medical emergency;
	(B)  remained on the scene until the medical
	assistance arrived; and
	(C)  cooperated with medical assistance and law
	enforcement personnel; or
	(2)  was the victim of a possible overdose for which
	emergency medical assistance was requested, by the actor or by
	another person, during an ongoing medical emergency.
	(f)  The defense to prosecution provided by Subsection (e) is
	not available if, at the time the request for emergency medical
	assistance was made, a peace officer was in the process of arresting
	the actor or executing a search warrant describing the actor or the
	place from which the request for medical assistance was made.
	(g)  The defense to prosecution provided by Subsection (e)
	does not preclude the admission of evidence obtained by law
	enforcement resulting from the request for emergency medical
	assistance if that evidence pertains to an offense for which the
	defense described by Subsection (e) is not available.
	SECTION 11.  Section 485.031, Health and Safety Code, is
	amended by adding Subsections (c), (d), and (e) to read as follows:
	(c)  It is a defense to prosecution for an offense under
	Subsection (a) that the actor:
	(1)  was the first person to request emergency medical
	assistance in response to the possible overdose of another person
	and:
	(A)  made the request for medical assistance
	during an ongoing medical emergency;
	(B)  remained on the scene until the medical
	assistance arrived; and
	(C)  cooperated with medical assistance and law
	enforcement personnel; or
	(2)  was the victim of a possible overdose for which
	emergency medical assistance was requested, by the actor or by
	another person, during an ongoing medical emergency.
	(d)  The defense to prosecution provided by Subsection (c) is
	not available if, at the time the request for emergency medical
	assistance was made, a peace officer was in the process of arresting
	the actor or executing a search warrant describing the actor or the
	place from which the request for medical assistance was made.
	(e)  The defense to prosecution provided by Subsection (c)
	does not preclude the admission of evidence obtained by law
	enforcement resulting from the request for emergency medical
	assistance if that evidence pertains to an offense for which the
	defense described by Subsection (c) is not available.
	SECTION 12.  Chapter 483, Health and Safety Code, is amended
	by adding Subchapter E to read as follows:
	SUBCHAPTER E.  OPIOID ANTAGONISTS
	Sec. 483.101.  DEFINITIONS.  In this subchapter:
	(1)  "Emergency services personnel" includes
	firefighters, emergency medical services personnel as defined by
	Section 773.003, emergency room personnel, and other individuals
	who, in the course and scope of employment or as a volunteer,
	provide services for the benefit of the general public during
	emergency situations.
	(2)  "Opioid antagonist" means any drug that binds to
	opioid receptors and blocks or otherwise inhibits the effects of
	opioids acting on those receptors.
	(3)  "Opioid-related drug overdose" means a condition,
	evidenced by symptoms such as extreme physical illness, decreased
	level of consciousness, constriction of the pupils, respiratory
	depression, or coma, that a layperson would reasonably believe to
	be the result of the consumption or use of an opioid.
	(4)  "Prescriber" means a person authorized by law to
	prescribe an opioid antagonist.
	Sec. 483.102.  PRESCRIPTION OF OPIOID ANTAGONIST; STANDING
	ORDER.  (a)  A prescriber may, directly or by standing order,
	prescribe an opioid antagonist to:
	(1)  a person at risk of experiencing an opioid-related
	drug overdose; or
	(2)  a family member, friend, or other person in a
	position to assist a person described by Subdivision (1).
	(b)  A prescription issued under this section is considered
	as issued for a legitimate medical purpose in the usual course of
	professional practice.
	(c)  A prescriber who, acting in good faith with reasonable
	care, prescribes or does not prescribe an opioid antagonist is not
	subject to any criminal or civil liability or any professional
	disciplinary action for:
	(1)  prescribing or failing to prescribe the opioid
	antagonist; or
	(2)  if the prescriber chooses to prescribe an opioid
	antagonist, any outcome resulting from the eventual administration
	of the opioid antagonist.
	Sec. 483.103.  DISPENSING OF OPIOID ANTAGONIST.  (a)  A
	pharmacist may dispense an opioid antagonist under a valid
	prescription to:
	(1)  a person at risk of experiencing an opioid-related
	drug overdose; or
	(2)  a family member, friend, or other person in a
	position to assist a person described by Subdivision (1).
	(b)  A prescription filled under this section is considered
	as filled for a legitimate medical purpose in the usual course of
	professional practice.
	(c)  A pharmacist who, acting in good faith and with
	reasonable care, dispenses or does not dispense an opioid
	antagonist under a valid prescription is not subject to any
	criminal or civil liability or any professional disciplinary action
	for:
	(1)  dispensing or failing to dispense the opioid
	antagonist; or
	(2)  if the pharmacist chooses to dispense an opioid
	antagonist, any outcome resulting from the eventual administration
	of the opioid antagonist.
	Sec. 483.104.  DISTRIBUTION OF OPIOID ANTAGONIST; STANDING
	ORDER.  A person or organization acting under a standing order
	issued by a prescriber may store an opioid antagonist and may
	distribute an opioid antagonist, provided the person or
	organization does not request or receive compensation for storage
	or distribution.
	Sec. 483.105.  POSSESSION OF OPIOID ANTAGONIST.  Any person
	may possess an opioid antagonist, regardless of whether the person
	holds a prescription for the opioid antagonist.
	Sec. 483.106.  ADMINISTRATION OF OPIOID ANTAGONIST.  (a)  A
	person who, acting in good faith and with reasonable care,
	administers or does not administer an opioid antagonist to another
	person whom the person believes is suffering an opioid-related drug
	overdose is not subject to criminal prosecution, sanction under any
	professional licensing statute, or civil liability, for an act or
	omission resulting from the administration of or failure to
	administer the opioid antagonist.
	(b)  Emergency services personnel are authorized to
	administer an opioid antagonist to a person who appears to be
	suffering an opioid-related drug overdose, as clinically
	indicated.
	Sec. 483.107.  GRANTS.  The Health and Human Services
	Commission may issue grants for:
	(1)  drug overdose prevention;
	(2)  recognition and response education for
	individuals, family members, and emergency services personnel; and
	(3)  opioid antagonist prescription or distribution
	projects.
	Sec. 483.108.  CONFLICT OF LAW.  To the extent of a conflict
	between this subchapter and another law, this subchapter controls.
	SECTION 13.  (a)  The change in law made by this Act relating
	to conduct that is grounds for imposition of a disciplinary
	sanction applies only to conduct that occurs on or after September
	1, 2015.
	(b)  Conduct that occurs before September 1, 2015, is
	governed by the law in effect on the date the conduct occurred, and
	the former law is continued in effect for that purpose.
	SECTION 14.  (a)  The change in law made by this Act relating
	to conduct that is the basis for civil liability applies only to
	conduct that occurs on or after September 1, 2015.
	(b)  Conduct that occurs before September 1, 2015, is
	governed by the law in effect on the date the conduct occurred, and
	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.
	(c)  An offense committed before September 1, 2015, is
	governed by the law in effect on the date the offense was committed,
	and the former law is continued in effect for that purpose.
	SECTION 16.  This Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 225 was passed by the House on April
	14, 2015, by the following vote:  Yeas 140, Nays 4, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 225 on May 18, 2015, by the following vote:  Yeas 130, Nays 1, 1
	present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 225 was passed by the Senate, with
	amendments, on May 13, 2015, by the following vote:  Yeas 30, Nays
	1.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor