Bill Summary – FastDemocracy

   
      88(R) SB 1319 - Enrolled version - Bill Text
      
            S.B.  No.  1319
         
               AN ACT
            
            relating to the reporting of certain overdose information and the 
         
            mapping of overdoses for public safety purposes.
         
                          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                          SECTION  1.    Subchapter E, Chapter 161, Health and Safety 
         
            Code, is amended by adding Section 161.045 to read as follows:
         
                          Sec.  161.045.    MANDATORY REPORTING OF CONTROLLED SUBSTANCE 
         
            OVERDOSES FOR PUBLIC SAFETY MAPPING.  (a)  In this section:
         
                                      (1)    "Controlled substance" has the meaning assigned by 
         
            Section 481.002.
         
                                      (2)    "Emergency medical services personnel" has the 
         
            meaning assigned by Section 773.003.
         
                                      (3)    "Opioid antagonist" has the meaning assigned by 
         
            Section 483.101.
         
                                      (4)    "Overdose" means an acute condition caused by 
         
            abuse or misuse of a controlled substance evidenced by symptoms 
         
            such as extreme physical illness, decreased level of consciousness, 
         
            respiratory depression, coma, or death.
         
                          (b)    This section applies only to emergency medical services 
         
            personnel operating within the geographical jurisdiction of a local 
         
            health authority or law enforcement agency, as applicable, that has 
         
            entered into a participation agreement for overdose mapping under 
         
            Section 370.007, Local Government Code.
         
                          (c)    A person to whom this section applies who responds to an 
         
            overdose incident shall report information about the incident as 
         
            soon as possible to the local health authority or law enforcement 
         
            agency, as applicable, that has entered into the participation 
         
            agreement under Section 370.007, Local Government Code.   A person 
         
            satisfies the requirements of this section by reporting information 
         
            to either the appropriate local health authority or law enforcement 
         
            agency.
         
                          (d)    A report under this section must include, if possible:
         
                                      (1)    the date and time of the overdose incident;
         
                                      (2)    the approximate location of the overdose incident, 
         
            using:
         
                                                  (A)    an address;
         
                                                  (B)    the latitude and longitude of the location; 
         
            or
         
                                                  (C)    the location data from a cellular device;
         
                                      (3)    whether an opioid antagonist was administered, and 
         
            if so, the number of doses and the type of delivery; and
         
                                      (4)    whether the overdose was fatal or nonfatal.
         
                          (e)    A person who reports information about an overdose 
         
            incident under this section in good faith is not subject to civil or 
         
            criminal liability for making the report.
         
                          (f)    A law enforcement agency may use information received 
         
            from a report under this section only for mapping overdose 
         
            locations for public safety purposes.
         
                          (g)    Information in a report described by this section is 
         
            confidential and not subject to disclosure under Chapter 552, 
         
            Government Code.
         
                          SECTION  2.    Chapter 370, Local Government Code, is amended 
         
            by adding Section 370.007 to read as follows:
         
                          Sec.  370.007.    PARTICIPATION AGREEMENT FOR OVERDOSE 
         
            MAPPING.  (a)  A local health authority or law enforcement agency 
         
            shall enter into a participation agreement with an entity that 
         
            maintains a computerized system for mapping overdoses of one or 
         
            more controlled substances for public safety purposes.
         
                          (b)    A local health authority or law enforcement agency shall 
         
            provide information received under Section 161.045, Health and 
         
            Safety Code, to the entity with which the authority or agency has a 
         
            participation agreement under Subsection (a) for purposes of 
         
            entering the information into the computerized system.   The local 
         
            health authority or law enforcement agency is not required to 
         
            provide information received under Section 161.045, Health and 
         
            Safety Code, regarding a controlled substance to the entity with 
         
            Statutes affected: 
Introduced: Health and Safety Code 161.042 (Health and Safety Code 161)
Senate Committee Report:  (Health and Safety Code 161)
Engrossed:  (Health and Safety Code 161)
House Committee Report:  (Health and Safety Code 161)
Enrolled:  (Health and Safety Code 161)




	AN ACT
	relating to the reporting of certain overdose information and the
	mapping of overdoses for public safety purposes.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter E, Chapter 161, Health and Safety
	Code, is amended by adding Section 161.045 to read as follows:
	Sec. 161.045. MANDATORY REPORTING OF CONTROLLED SUBSTANCE
	OVERDOSES FOR PUBLIC SAFETY MAPPING. (a) In this section:
	(1) "Controlled substance" has the meaning assigned by
	Section 481.002.
	(2) "Emergency medical services personnel" has the
	meaning assigned by Section 773.003.
	(3) "Opioid antagonist" has the meaning assigned by
	Section 483.101.
	(4) "Overdose" means an acute condition caused by
	abuse or misuse of a controlled substance evidenced by symptoms
	such as extreme physical illness, decreased level of consciousness,
	respiratory depression, coma, or death.
	(b) This section applies only to emergency medical services
	personnel operating within the geographical jurisdiction of a local
	health authority or law enforcement agency, as applicable, that has
	entered into a participation agreement for overdose mapping under
	Section 370.007, Local Government Code.
	(c) A person to whom this section applies who responds to an
	overdose incident shall report information about the incident as
	soon as possible to the local health authority or law enforcement
	agency, as applicable, that has entered into the participation
	agreement under Section 370.007, Local Government Code. A person
	satisfies the requirements of this section by reporting information
	to either the appropriate local health authority or law enforcement
	agency.
	(d) A report under this section must include, if possible:
	(1) the date and time of the overdose incident;
	(2) the approximate location of the overdose incident,
	using:
	(A) an address;
	(B) the latitude and longitude of the location;
	or
	(C) the location data from a cellular device;
	(3) whether an opioid antagonist was administered, and
	if so, the number of doses and the type of delivery; and
	(4) whether the overdose was fatal or nonfatal.
	(e) A person who reports information about an overdose
	incident under this section in good faith is not subject to civil or
	criminal liability for making the report.
	(f) A law enforcement agency may use information received
	from a report under this section only for mapping overdose
	locations for public safety purposes.
	(g) Information in a report described by this section is
	confidential and not subject to disclosure under Chapter 552,
	Government Code.
	SECTION 2. Chapter 370, Local Government Code, is amended
	by adding Section 370.007 to read as follows:
	Sec. 370.007. PARTICIPATION AGREEMENT FOR OVERDOSE
	MAPPING. (a) A local health authority or law enforcement agency
	shall enter into a participation agreement with an entity that
	maintains a computerized system for mapping overdoses of one or
	more controlled substances for public safety purposes.
	(b) A local health authority or law enforcement agency shall
	provide information received under Section 161.045, Health and
	Safety Code, to the entity with which the authority or agency has a
	participation agreement under Subsection (a) for purposes of
	entering the information into the computerized system. The local
	health authority or law enforcement agency is not required to
	provide information received under Section 161.045, Health and
	Safety Code, regarding a controlled substance to the entity with
	Statutes affected: Introduced: Health and Safety Code 161.042 (Health and Safety Code 161) Senate Committee Report: (Health and Safety Code 161) Engrossed: (Health and Safety Code 161) House Committee Report: (Health and Safety Code 161) Enrolled: (Health and Safety Code 161)