By: Guillen H.B. No. 3186
A BILL TO BE ENTITLED
AN ACT
relating to certain emergency medical services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 773.003, Health and Safety Code, is
amended by adding Subdivision (18-a) to read as follows:
(18-a) "Patient" means a person who:
(A) has a perceived need for medical care or
transportation for a physiological or psychological illness or
injury;
(B) requires medical observation, monitoring, or
assessment; and
(C) is either awaiting treatment or already under
treatment for the related condition.
SECTION 2. Sections 773.014(a), (b), (c), (c-1), (d), (e),
(f), and (g), Health and Safety Code, are amended to read as
follows:
(a) An emergency medical services provider and a first
responder organization may acquire and possess epinephrine
[auto-injector devices] in accordance with this section. Emergency
medical services personnel may carry and administer epinephrine
[auto-injector devices] in accordance with this section.
(b) The executive commissioner shall adopt rules designed
to protect the public health and safety to implement this section.
The rules must provide that emergency medical services personnel
may administer [an] epinephrine [auto-injector device] to another
only if the person has successfully completed a training course,
approved by the department, in the methods of administering
epinephrine [use of the device] that is consistent with the
national standard training curriculum for emergency medical
technicians.
(c) An emergency medical services provider or first
responder organization may acquire, possess, maintain, and dispose
of epinephrine [auto-injector devices], and emergency medical
services personnel may carry, maintain, administer, and dispose of
epinephrine [auto-injector devices], only in accordance with:
(1) rules adopted under this section; and
(2) a delegated practice agreement that provides for
medical supervision by a licensed physician who either:
(A) acts as a medical director for an emergency
medical services system or a licensed hospital; or
(B) has knowledge and experience in the delivery
of emergency care.
(c-1) A licensed physician acting as a medical director for
an emergency medical services system may restrict the [use and]
administration of epinephrine [auto-injector devices] to certain
emergency medical services personnel of the system through:
(1) the delegated practice agreement; or
(2) the adoption of policies governing the
administration [use] of epinephrine [the devices] by personnel
within the system.
(d) Emergency medical services personnel who administer
epinephrine [auto-injector devices] to others shall [immediately]
report the administration of epinephrine [use] to the physician
supervising the activities of the emergency medical services
personnel in accordance with approved treatment protocols.
(e) The administration of [an] epinephrine [auto-injector
device] to another 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 [an] epinephrine [auto-injector device] to
another in accordance with the requirements of this section does
not constitute the unlawful practice of any health care profession.
(f) A person otherwise authorized to sell or provide [an]
epinephrine [auto-injector device] to another may sell or provide
epinephrine [the devices] to an emergency medical services provider
or a first responder organization authorized to acquire and possess
epinephrine [the devices] under this section.
(g) This section does not prevent emergency medical
services personnel who are also licensed health care professionals
under another health care licensing law and who are authorized to
acquire, possess, and administer [an] epinephrine [auto-injector
device] under the other health care licensing law from acting under
the other law.
SECTION 3. Section 773.050(g), Health and Safety Code, is
amended to read as follows:
(g) Rules adopting minimum standards under this section
shall require:
(1) an emergency medical services vehicle to carry a
supply of [be equipped with an] epinephrine for the treatment of
[auto-injector device or similar device to treat] anaphylaxis, when
authorized by the emergency medical services provider's
medical
director; and
(2) emergency medical services personnel to complete
continuing education training in the administration of epinephrine
as a treatment for anaphylaxis [treatment].
SECTION 4. This Act takes effect September 1, 2017.