Texas 2017 - 85th Regular

Texas House Bill HB3186 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Guillen H.B. No. 3186
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to certain emergency medical services.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 773.003, Health and Safety Code, is
9	9	amended by adding Subdivision (18-a) to read as follows:
10	10	(18-a) "Patient" means a person who:
11	11	(A) has a perceived need for medical care or
12	12	transportation for a physiological or psychological illness or
13	13	injury;
14	14	(B) requires medical observation, monitoring, or
15	15	assessment; and
16	16	(C) is either awaiting treatment or already under
17	17	treatment for the related condition.
18	18	SECTION 2. Sections 773.014(a), (b), (c), (c-1), (d), (e),
19	19	(f), and (g), Health and Safety Code, are amended to read as
20	20	follows:
21	21	(a) An emergency medical services provider and a first
22	22	responder organization may acquire and possess epinephrine
23	23	[auto-injector devices] in accordance with this section. Emergency
24	24	medical services personnel may carry and administer epinephrine
25	25	[auto-injector devices] in accordance with this section.
26	26	(b) The executive commissioner shall adopt rules designed
27	27	to protect the public health and safety to implement this section.
28	28	The rules must provide that emergency medical services personnel
29	29	may administer [an] epinephrine [auto-injector device] to another
30	30	only if the person has successfully completed a training course,
31	31	approved by the department, in the methods of administering
32	32	epinephrine [use of the device] that is consistent with the
33	33	national standard training curriculum for emergency medical
34	34	technicians.
35	35	(c) An emergency medical services provider or first
36	36	responder organization may acquire, possess, maintain, and dispose
37	37	of epinephrine [auto-injector devices], and emergency medical
38	38	services personnel may carry, maintain, administer, and dispose of
39	39	epinephrine [auto-injector devices], only in accordance with:
40	40	(1) rules adopted under this section; and
41	41	(2) a delegated practice agreement that provides for
42	42	medical supervision by a licensed physician who either:
43	43	(A) acts as a medical director for an emergency
44	44	medical services system or a licensed hospital; or
45	45	(B) has knowledge and experience in the delivery
46	46	of emergency care.
47	47	(c-1) A licensed physician acting as a medical director for
48	48	an emergency medical services system may restrict the [use and]
49	49	administration of epinephrine [auto-injector devices] to certain
50	50	emergency medical services personnel of the system through:
51	51	(1) the delegated practice agreement; or
52	52	(2) the adoption of policies governing the
53	53	administration [use] of epinephrine [the devices] by personnel
54	54	within the system.
55	55	(d) Emergency medical services personnel who administer
56	56	epinephrine [auto-injector devices] to others shall [immediately]
57	57	report the administration of epinephrine [use] to the physician
58	58	supervising the activities of the emergency medical services
59	59	personnel in accordance with approved treatment protocols.
60	60	(e) The administration of [an] epinephrine [auto-injector
61	61	device] to another under this section is considered to be the
62	62	administration of emergency care for the purposes of any statute
63	63	relating to liability for the provision of emergency care. The
64	64	administration of [an] epinephrine [auto-injector device] to
65	65	another in accordance with the requirements of this section does
66	66	not constitute the unlawful practice of any health care profession.
67	67	(f) A person otherwise authorized to sell or provide [an]
68	68	epinephrine [auto-injector device] to another may sell or provide
69	69	epinephrine [the devices] to an emergency medical services provider
70	70	or a first responder organization authorized to acquire and possess
71	71	epinephrine [the devices] under this section.
72	72	(g) This section does not prevent emergency medical
73	73	services personnel who are also licensed health care professionals
74	74	under another health care licensing law and who are authorized to
75	75	acquire, possess, and administer [an] epinephrine [auto-injector
76	76	device] under the other health care licensing law from acting under
77	77	the other law.
78	78	SECTION 3. Section 773.050(g), Health and Safety Code, is
79	79	amended to read as follows:
80	80	(g) Rules adopting minimum standards under this section
81	81	shall require:
82	82	(1) an emergency medical services vehicle to carry a
83	83	supply of [be equipped with an] epinephrine for the treatment of
84	84	[auto-injector device or similar device to treat] anaphylaxis, when
85	85	authorized by the emergency medical services provider's
86	86	medical
87	87	director; and
88	88	(2) emergency medical services personnel to complete
89	89	continuing education training in the administration of epinephrine
90	90	as a treatment for anaphylaxis [treatment].
91	91	SECTION 4. This Act takes effect September 1, 2017.