S.B. No. 629

	AN ACT
	relating to the maintenance, administration, and disposal of opioid
	antagonists on public and private school campuses and to the
	permissible uses of money appropriated to a state agency from the
	opioid abatement account.
	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 and may adopt and implement
	such a policy at each campus in the district, including campuses
	serving students in a grade level below grade 6.
	(b)  An open-enrollment charter school or private school may
	adopt and implement a policy regarding the maintenance,
	administration, and disposal of opioid antagonists.  If a school
	adopts a policy under this subsection, the school may apply the
	policy:
	(1)  only at campuses of the school serving students in
	grades 6 through 12; or
	(2)  at each campus of the school, including campuses
	serving students in a grade level below grade 6.
	(c)  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;
	(2)  require that each school 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;
	(3)  establish the number of opioid antagonists that
	must be available at each campus at any given time; and
	(4)  require that the supply of opioid antagonists at
	each school 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
	campus subject to a policy adopted under this section.  The rules
	must establish:
	(1)  the process for checking the inventory of opioid
	antagonists at regular intervals for expiration and replacement;
	and
	(2)  the amount of training required for school
	personnel and school volunteers to administer an opioid antagonist.
	Sec. 38.223.  REPORT ON ADMINISTERING OPIOID ANTAGONIST.
	(a)  Not later than the 10th business day after the date a school
	personnel member or school volunteer administers an opioid
	antagonist in accordance with a policy adopted under Section
	38.222(a) or (b), the school shall report the information required
	under Subsection (b) of this section to:
	(1)  the school district, the charter holder if the
	school is an open-enrollment charter school, or the governing body
	of the school if the school is a private school;
	(2)  the physician or other person who prescribed the
	opioid antagonist; and
	(3)  the commissioner of state health services.
	(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, a school personnel member or
	school volunteer, or a visitor;
	(3)  the physical location where the opioid antagonist
	was administered;
	(4)  the number of doses of opioid antagonist
	administered;
	(5)  the title of the person who administered the
	opioid antagonist; and
	(6)  any other information required by the commissioner
	of education.
	Sec. 38.224.  TRAINING.  (a)  Each school district,
	open-enrollment charter school, and private school that adopts a
	policy under Section 38.222(a) or (b) 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, open-enrollment charter school,
	or private school that adopts a policy under Section 38.222(a) or
	(b) must maintain records on the training required under this
	section.
	Sec. 38.225.  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, open-enrollment
	charter school, or private school.
	(b)  A physician or other person who prescribes opioid
	antagonists under Subsection (a) shall provide the school district,
	open-enrollment charter school, or private school 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, open-enrollment
	charter school, or private school 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, open-enrollment charter school, or private school
	without requiring the name or any other identifying information
	relating to the user.
	Sec. 38.226.  GIFTS, GRANTS, AND DONATIONS. A school
	district, open-enrollment charter school, or private school 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, open-enrollment charter school, or
	private school 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, open-enrollment charter
	school, or private school.
	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.  Section 403.505(d), Government Code, is amended
	to read as follows:
	(d)  A state agency may use money appropriated from the
	account only to:
	(1)  prevent opioid use disorder through
	evidence-based education and prevention, such as school-based
	prevention, early intervention, or health care services or programs
	intended to reduce the risk of opioid use by school-age children;
	(2)  support efforts to prevent or reduce deaths from
	opioid overdoses or other opioid-related harms, including through
	increasing the availability or distribution of naloxone or other
	opioid antagonists for use by:
	(A)  health care providers;
	(B)  [,] first responders;
	(C)  [,] persons experiencing an opioid overdose;
	(D)  [,] families;
	(E)  [,] schools, including under a policy adopted
	under Subchapter E-1, Chapter 38, Education Code, regarding the
	maintenance, administration, and disposal of opioid antagonists;
	(F)  community-based service providers;
	(G)  [,] social workers;[,] or
	(H)  other members of the public;
	(3)  create and provide training on the treatment of
	opioid addiction, including the treatment of opioid dependence with
	each medication approved for that purpose by the United States Food
	and Drug Administration, medical detoxification, relapse
	prevention, patient assessment, individual treatment planning,
	counseling, recovery supports, diversion control, and other best
	practices;
	(4)  provide opioid use disorder treatment for youths
	and adults, with an emphasis on programs that provide a continuum of
	care that includes screening and assessment for opioid use disorder
	and co-occurring behavioral health disorders, early intervention,
	contingency management, cognitive behavioral therapy, case
	management, relapse management, counseling services, and
	medication-assisted treatments;
	(5)  provide patients suffering from opioid dependence
	with access to all medications approved by the United States Food
	and Drug Administration for the treatment of opioid dependence and
	relapse prevention following opioid detoxification, including
	opioid agonists, partial agonists, and antagonists;
	(6)  support efforts to reduce the abuse or misuse of
	addictive prescription medications, including tools used to give
	health care providers information needed to protect the public from
	the harm caused by improper use of those medications;
	(7)  support treatment alternatives that provide both
	psychosocial support and medication-assisted treatments in areas
	with geographical or transportation-related challenges, including
	providing access to mobile health services and telemedicine,
	particularly in rural areas;
	(8)  address:
	(A)  the needs of persons involved with criminal
	justice; and
	(B)  rural county unattended deaths; or
	(9)  further any other purpose related to opioid
	abatement authorized by appropriation.
	SECTION 3.  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 4.  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 5.  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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 629 passed the Senate on
	May 4, 2023, by the following vote: Yeas 31, Nays 0; and that the
	Senate concurred in House amendment on May 25, 2023, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 629 passed the House, with
	amendment, on May 19, 2023, by the following vote: Yeas 144,
	Nays 0, one present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor