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.