IV. Drug Overdoses.
(Texas Health & Safety Code sections 161.042-161.043)
A. Mandatory reporting of controlled substance overdoses.
1. A physician who attends or treats, or who is requested to attend or treat, an overdose of a controlled substance listed in Penalty Group 1 under Section 481.102 (which includes certain opiates and opiate derivatives), or the administrator, superintendent, or other
person in charge of a hospital, sanitorium, or other institution in which an overdose of a controlled substance listed in Penalty Group 1 under Section 481.102 is attended or treated or in which the attention or treatment is requested, shall report the case at once to the department.
2. A physician or other person who reports an overdose of a controlled substance under this section shall include in the report information regarding the date of the overdose,
-thetype ofcontfolled substance used, the sex and approximate age of the persoll at
tended or treated for the overdose or for whom treatment was sought, the symptoms
associated with the overdose, the extent of treatment made necessary by the overdose,
and the patient outcome. The physician or other person making the report may provide
other demographic information concerning the person attended or treated or for whom
treatment was sought but may not disclose the person's name or address or any other
information concerning the person's identity.
3. A hospital, sanitorium, or other institution that makes a report under this section is not
subject to civil or criminal liability for damages arising out of the report. An individual
who makes a good-faith report under this section is not subject to civil or criminalliability
for damages arising out of the report.
B. Criminal penalty.
1. A person commits an offense if the person is required to report under this subchapter
and intentionally fails to report.
2. An offense under this section is a misdemeanor punishable by confinement in jail for
not more than six months or by a fine of not more than $100.