88R3812 CXP-D     By: Cole H.B. No. 3338       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)  "Employee" means an employee of an institution of   higher education.                (3)  "Institution of higher education" has the meaning   assigned by Section 61.003.                (4)  "Opioid antagonist" and "opioid-related drug   overdose" have the meanings assigned by Section 483.101, Health and   Safety Code.                (5)  "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 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 devices; and                (2)  the training of resident advisors in the proper   use of those devices.          (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 commissioner of the Texas Higher Education   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 the campus of an institution of higher   education subject to 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 resident   advisors to administer an opioid antagonist.          (d)  Each institution of higher education:                (1)  must require that all resident advisors be   authorized and trained to administer an opioid antagonist; and                (2)  shall include the policy in the institution's   student handbook or similar publication and 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 and other employees or volunteers   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, employee, or volunteer administers an opioid antagonist in   accordance with a policy adopted under Section 51.892, the   institution of higher education 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 title of the person who administered the   opioid antagonist; and                (6)  any other information required by the commissioner   of higher education.          Sec. 51.894.  TRAINING. (a)  Each institution of higher   education is responsible for training resident advisors 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;                      (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)  Each institution of higher education shall maintain   records on the training required 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. The commissioner of higher education   shall adopt 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, but   not later than the 2024 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, 2023.