84R1582 EES-D
By: Kolkhorst S.B. No. 1361
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 carry, 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) The administration of epinephrine through an
auto-injector device to a patient under this section is considered
to be the administration of emergency care for the purposes of any
statute relating to liability for the provision of emergency care.
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.
(f) This section does not impose a standard of care not
otherwise required by law.
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.