| 1 | 1 | | 84R1582 EES-D |
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| 2 | 2 | | By: Kolkhorst S.B. No. 1361 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the administration of epinephrine by pharmacists. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter B, Chapter 562, Occupations Code, is |
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| 10 | 10 | | amended by adding Section 562.057 to read as follows: |
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| 11 | 11 | | Sec. 562.057. ADMINISTRATION OF EPINEPHRINE. (a) A |
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| 12 | 12 | | pharmacist may administer epinephrine through an auto-injector |
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| 13 | 13 | | device in accordance with this section. |
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| 14 | 14 | | (b) The board shall adopt rules designed to protect the |
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| 15 | 15 | | public health and safety to implement this section. The rules must |
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| 16 | 16 | | provide that a pharmacist may administer epinephrine through an |
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| 17 | 17 | | auto-injector device to a patient in an emergency situation. |
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| 18 | 18 | | (c) A pharmacist may carry, maintain, administer, and |
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| 19 | 19 | | dispose of epinephrine auto-injector devices only in accordance |
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| 20 | 20 | | with rules adopted by the board under this section. |
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| 21 | 21 | | (d) A pharmacist who administers epinephrine through an |
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| 22 | 22 | | auto-injector device to a patient shall report the use to the |
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| 23 | 23 | | patient's primary care physician, as identified by the patient, if |
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| 24 | 24 | | the patient has a primary care physician. |
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| 25 | 25 | | (e) The administration of epinephrine through an |
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| 26 | 26 | | auto-injector device to a patient under this section is considered |
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| 27 | 27 | | to be the administration of emergency care for the purposes of any |
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| 28 | 28 | | statute relating to liability for the provision of emergency care. |
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| 29 | 29 | | The administration of epinephrine through an auto-injector device |
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| 30 | 30 | | to a patient in accordance with the requirements of this section |
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| 31 | 31 | | does not constitute the unlawful practice of any health care |
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| 32 | 32 | | profession. |
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| 33 | 33 | | (f) This section does not impose a standard of care not |
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| 34 | 34 | | otherwise required by law. |
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| 35 | 35 | | SECTION 2. Before January 1, 2016, pharmacists may |
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| 36 | 36 | | administer epinephrine through an auto-injector device to the |
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| 37 | 37 | | extent allowed under the law that exists before September 1, 2015. |
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| 38 | 38 | | SECTION 3. (a) Except as provided by Subsection (b) of |
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| 39 | 39 | | this section, this Act takes effect September 1, 2015. |
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| 40 | 40 | | (b) Section 562.057, Occupations Code, as added by this Act, |
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| 41 | 41 | | takes effect January 1, 2016, except that Section 562.057 takes |
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| 42 | 42 | | effect September 1, 2015, for the limited purpose of allowing the |
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| 43 | 43 | | Texas State Board of Pharmacy to adopt rules under that law that may |
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| 44 | 44 | | take effect before January 1, 2016. |
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