By: Zerwas, et al. (Senate Sponsor - Kolkhorst) H.B. No. 1550
(In the Senate - Received from the House April 29, 2015;
April 30, 2015, read first time and referred to Committee on Health
and Human Services; May 15, 2015, reported favorably by the
following vote: Yeas 9, Nays 0; May 15, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
SchwertnerX
KolkhorstX
CampbellX
EstesX
PerryX
RodrÃguezX
TaylorofCollinX
UrestiX
ZaffiriniX
A BILL TO BE ENTITLED
AN ACT
relating to the administration of epinephrine by pharmacists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 562, Occupations Code, is
amended by adding Section 562.057 to read as follows:
Sec. 562.057. ADMINISTRATION OF EPINEPHRINE. (a) A
pharmacist may administer epinephrine through an auto-injector
device in accordance with this section.
(b) The board shall adopt rules designed to protect the
public health and safety to implement this section. The rules must
provide that a pharmacist may administer epinephrine through an
auto-injector device to a patient in an emergency situation.
(c) A pharmacist may maintain, administer, and dispose of
epinephrine auto-injector devices only in accordance with rules
adopted by the board under this section.
(d) A pharmacist who administers epinephrine through an
auto-injector device to a patient shall report the use to the
patient's primary care physician, as identified by the patient, if
the patient has a primary care physician.
(e) A pharmacist who in good faith administers epinephrine
through an auto-injector device in accordance with the requirements
of this section is not liable for civil damages for an act performed
in the administration unless the act is wilfully or wantonly
negligent. A pharmacist may not receive remuneration for the
administration of epinephrine through an auto-injector device but
may seek reimbursement for the cost of the epinephrine
auto-injector device.
(f) The administration of epinephrine through an
auto-injector device to a patient in accordance with the
requirements of this section does not constitute the unlawful
practice of any health care profession.
SECTION 2. Before January 1, 2016, pharmacists may
administer epinephrine through an auto-injector device to the
extent allowed under the law that exists before September 1, 2015.
SECTION 3. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2015.
(b) Section 562.057, Occupations Code, as added by this Act,
takes effect January 1, 2016, except that Section 562.057 takes
effect September 1, 2015, for the limited purpose of allowing the
Texas State Board of Pharmacy to adopt rules under that law that may
take effect before January 1, 2016.
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