HB5521 - Relating to the possession and administration of an opioid antagonist by certain entities.

  89R9085 LRM-D     By: Vasut H.B. No. 5521       A BILL TO BE ENTITLED   AN ACT   relating to the possession and administration of an opioid   antagonist by certain entities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 773, Health and Safety   Code, is amended by adding Section 773.018 to read as follows:           Sec.   773.018.     POSSESSION AND ADMINISTRATION OF OPIOID   ANTAGONIST. (a)   In this section, "live music venue" means a   business with a space for live music and a primary revenue source of   patron attendance to live music performances. The term includes a   concert hall and indoor or outdoor stadium.           (b)  This section applies to:                 (1)     an amusement park, as defined by Section 46.03,   Penal Code;                 (2)  a live music venue;                 (3)     a sports venue, as defined by Section 504.151,   Local Government Code; and                 (4)     subject to Subsection (c), other entities the   executive commissioner by rule designates as an entity that   benefits from the possession and administration of opioid   antagonists.           (c)  This section does not apply to a governmental entity.           (d)     An entity subject to this section may adopt a policy   regarding the maintenance, administration, and disposal of opioid   antagonists.   The policy must authorize the administration of an   opioid antagonist for a person reasonably believed to be   experiencing an opioid overdose on the entity's premises only by an   entity employee or volunteer who is authorized and trained to   administer the opioid antagonist.           (e)     The executive commissioner shall adopt rules regarding   an entity's maintenance, administration, and disposal of opioid   antagonists under this section.   The rules must establish:                 (1)     the number and dosages of the opioid antagonists   available at each entity;                 (2)     the process for each entity to regularly verify   its inventory of opioid antagonists for replacement of expired   opioid antagonists; and                 (3)     the training required for an entity employee or   volunteer to administer an opioid antagonist.           (f)     Each entity that adopts a policy under Subsection (d)   must have at least one entity employee or volunteer authorized and   trained to administer an opioid antagonist present during all hours   the entity is open to the public or the population the entity   serves, as applicable.           (g)  The entity's supply of opioid antagonists must:                 (1)     be stored in a secure location and in accordance   with the manufacturer's instructions; and                 (2)     be easily accessible to an entity employee or   volunteer who is authorized and trained to administer an opioid   antagonist.           (h)     Each entity that adopts a policy under Subsection (d) is   responsible for training the entity's employees and volunteers in   the administration of an opioid antagonist.   The training must:                 (1)  include information on:                       (A)  the signs and symptoms of an opioid overdose;                       (B)     the recommended opioid antagonist dosages   for an adult and a child;                       (C)  the administration of an opioid antagonist;                       (D)     the implementation of any necessary   emergency procedures after administration of an opioid antagonist;   and                       (E)     the proper disposal of a used or expired   opioid antagonist; and                 (2)     be completed annually in a formal training session   or through online education.           (i)     Each entity shall maintain records on the training   completed by each entity employee and volunteer under this section.           (j)     An entity, entity employee or volunteer, or other person   who in good faith acts or fails to act as authorized under this   section, including by administering an opioid antagonist as   authorized in a policy adopted under this section, is immune from   civil or criminal liability or disciplinary action resulting from   that act or failure to act, including:                 (1)     supervising or delegating the administration of an   opioid antagonist;                 (2)     possessing, maintaining, storing, or disposing of   an opioid antagonist;                 (3)     administering, or assisting in the administration   of, an opioid antagonist;                 (4)     providing training, consultation, or advice in the   development, adoption, or implementation of policies, guidelines,   or plans; or                 (5)     any other act authorized or required under this   section.           (k)     The immunities and protections provided by this section   are in addition to other immunities or limitations of liability   provided by law.           (l)     Notwithstanding any other law, this section 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 section.   A cause of action does not arise from an act or   omission described by this section.           (m)     An act or failure to act by an entity employee or   volunteer under this section, including an act or failure to act   under related entity policies and procedures, is the exercise of   judgment or discretion on the part of the entity employee or   volunteer and is not considered to be a ministerial act for purposes   of liability of the entity.          SECTION 2.  This Act takes effect September 1, 2025.