Texas 2017 - 85th Regular

Texas House Bill HB3851 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	85R24636 SRS-D
2		-	By: Howard, Cortez, Flynn, Sheffield, Klick H.B. No. 3851
3		-	Substitute the following for H.B. No. 3851:
4		-	By: Lozano C.S.H.B. No. 3851
	1	+	85R11251 SRS-D
	2	+	By: Howard H.B. No. 3851
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to policies and training regarding the use of epinephrine
10	8		auto-injectors by public institutions of higher education;
11	9		providing immunity.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Section 38.202, Education Code, is amended by
14	12		amending Subsections (a) and (b) and adding Subsection (e) to read
15	13		as follows:
16	14		(a) The commissioner of state health services shall
17	15		establish an advisory committee to examine and review the
18	16		administration of epinephrine auto-injectors to a person
19	17		experiencing an anaphylactic reaction on a campus of a school
20	18		district, [or] an open-enrollment charter school, or an institution
21	19		of higher education.
22	20		(b) The advisory committee shall be composed of members
23	21		appointed by the commissioner of state health services. In making
24	22		appointments, the commissioner shall ensure that:
25	23		(1) a majority of the members are physicians with
26	24		expertise in treating anaphylaxis, including physicians who
27	25		specialize in the fields of pediatrics, allergies, asthma, and
28	26		immunology; [and]
29	27		(2) at least one member is a registered nurse employed
30	28		by a school district or open-enrollment charter school as a school
31		-	nurse;
32		-	(3) at least one member is an employee of a general
33		-	academic teaching institution; and
34		-	(4) at least one member is an employee of a public
35		-	junior college or a public technical institute.
36		-	(e) In this section, "general academic teaching
37		-	institution," "institution of higher education," "public junior
38		-	college," and "public technical institute" have the meanings
39		-	assigned by Section 61.003.
	29	+	nurse; and
	30	+	(3) at least one member is an employee of an
	31	+	institution of higher education.
	32	+	(e) In this section, "institution of higher education" has
	33	+	the meaning assigned by Section 61.003.
40	34		SECTION 2. Section 38.207, Education Code, is amended to
41	35		read as follows:
42	36		Sec. 38.207. ADVISORY COMMITTEE: DUTIES. The advisory
43	37		committee shall advise the commissioner of state health services
44	38		on:
45	39		(1) the storage and maintenance of epinephrine
46	40		auto-injectors on school campuses and campuses of institutions of
47	41		higher education;
48		-	(2) the training of school personnel and school
49		-	volunteers and of personnel and volunteers at institutions of
50		-	higher education in the administration of an epinephrine
51		-	auto-injector; and
52		-	(3) a plan for:
53		-	(A) one or more school personnel members or
54		-	school volunteers trained in the administration of an epinephrine
55		-	auto-injector to be on each school campus; and
56		-	(B) one or more personnel members or volunteers
57		-	of an institution of higher education trained in the administration
58		-	of an epinephrine auto-injector to be on each campus of an
	42	+	(2) the training of [school] personnel and [school]
	43	+	volunteers at schools and institutions of higher education in the
	44	+	administration of an epinephrine auto-injector; and
	45	+	(3) a plan for one or more [school] personnel members
	46	+	or [school] volunteers of a school or an institution of higher
	47	+	education trained in the administration of an epinephrine
	48	+	auto-injector to be on each [school] campus of a school or an
59	49		institution of higher education.
60	50		SECTION 3. Chapter 51, Education Code, is amended by adding
61	51		Subchapter Y-1 to read as follows:
62		-	SUBCHAPTER Y-1. MAINTENANCE~~, STORAGE,~~ ADMINISTRATION~~, AND~~
63		-	~~DISPOSAL OF EPINEPHRINE~~ AUTO-INJECTORS
	52	+	SUBCHAPTER Y-1. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE
	53	+	AUTO-INJECTORS
64	54		Sec. 51.881. DEFINITIONS. In this subchapter:
65	55		(1) "Advisory committee" means the committee
66	56		established under Section 38.202.
67	57		(2) "Anaphylaxis" means a sudden, severe, and
68	58		potentially life-threatening allergic reaction that occurs when a
69	59		person is exposed to an allergen.
70		-	(3) "Campus" means an educational unit under the
71		-	management and control of an institution of higher education and
72		-	may include, in addition to the main campus, off-campus and
73		-	secondary locations, such as branch campuses, teaching locations,
74		-	and regional centers.
75		-	(4) "Epinephrine auto-injector" means a disposable
	60	+	(3) "Epinephrine auto-injector" means a disposable
76	61		medical drug delivery device that contains a premeasured single
77	62		dose of epinephrine that is intended to be used to treat
78	63		anaphylaxis.
79		-	(5) "Institution of higher education" has the meaning
	64	+	(4) "Institution of higher education" has the meaning
80	65		assigned by Section 61.003.
81		-	(6) "Personnel" means employees of an institution of
	66	+	(5) "Personnel" means employees of an institution of
82	67		higher education.
83		-	(7) "Physician" means a person who holds a license to
	68	+	(6) "Physician" means a person who holds a license to
84	69		practice medicine in this state.
85		-	Sec. 51.882. MAINTENANCE~~, STORAGE,~~ ADMINISTRATION~~, AND~~
86		-	~~DISPOSAL OF EPINEPHRINE~~ AUTO-INJECTORS. (a) Each institution of
87		-	~~higher education may~~ adopt and implement a policy regarding the
88		-	~~maintenance, storage,~~ administration, and disposal of epinephrine
89		-	~~auto-injectors on the~~ institution's campus.
	70	+	Sec. 51.882. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE
	71	+	AUTO-INJECTORS. (a) Each institution of higher education may
	72	+	adopt and implement a policy regarding the maintenance,
	73	+	administration, and disposal of epinephrine auto-injectors on the
	74	+	institution's campus.
90	75		(b) If a policy is adopted under Subsection (a), the policy:
91		-	(1) must provide that personnel or volunteers who are
92		-	authorized and trained may administer an epinephrine auto-injector
93		-	to a person who is reasonably believed to be experiencing
94		-	anaphylaxis on the institution's campus; and
95		-	(2) may provide that personnel or volunteers who are
96		-	authorized and trained may administer an epinephrine auto-injector
97		-	to a person who is reasonably believed to be experiencing
98		-	anaphylaxis at an off-campus event or while in transit to or from an
	76	+	(1) must provide that personnel who are authorized and
	77	+	trained may administer an epinephrine auto-injector to a person who
	78	+	is reasonably believed to be experiencing anaphylaxis on the
	79	+	institution's campus; and
	80	+	(2) may provide that personnel who are authorized and
	81	+	trained may administer an epinephrine auto-injector to a person who
	82	+	is reasonably believed to be experiencing anaphylaxis at an
99	83		off-campus event sponsored by the institution of higher education.
100		-	(c) The commissioner of state health services ~~with advice~~
101		-	~~from~~ the ~~advisory committee shall adopt rules regarding the~~
102		-	~~maintenance, storage, administration,~~ and ~~disposal of an~~
103		-	epinephrine auto-injector on the ~~campus of an institution of~~
104		-	higher education subject to a policy ~~adopted under Subsection (a).~~
105		-	The rules must establish:
	84	+	(c) The commissioner of state health services, in
	85	+	consultation with the Texas Higher Education Coordinating Board,
	86	+	and with advice from the advisory committee, shall adopt rules
	87	+	regarding the administration of an epinephrine auto-injector on the
	88	+	campus of an institution of higher education subject to a policy
	89	+	adopted under Subsection (a). The rules must establish:
106	90		(1) the number of epinephrine auto-injectors
107	91		available at each campus;
108	92		(2) the process for each institution of higher
109	93		education to check the inventory of epinephrine auto-injectors at
110	94		regular intervals for expiration and replacement; and
111		-	(3) the amount of training required for personnel or
112		-	~~volunteers to~~ administer an epinephrine auto-injector.
	95	+	(3) the amount of training required for personnel to
	96	+	administer an epinephrine auto-injector.
113	97		(d) Each institution of higher education that adopts a
114	98		policy under Subsection (a) must require that the institution's
115		-	campuses have personnel ~~or volunteers~~ authorized and trained to
116		-	~~administer an~~ epinephrine auto-injector present.
	99	+	campuses have personnel authorized and trained to administer an
	100	+	epinephrine auto-injector present.
117	101		(e) The supply of epinephrine auto-injectors at a campus
118	102		must be stored in a secure location and be easily accessible to
119		-	personnel ~~or volunteers~~ authorized and trained to administer an
120		-	~~epinephrine~~ auto-injector.
	103	+	personnel authorized and trained to administer an epinephrine
	104	+	auto-injector.
121	105		Sec. 51.883. REPORT ON ADMINISTERING EPINEPHRINE
122	106		AUTO-INJECTOR. (a) Not later than the 10th business day after the
123		-	date a personnel member or volunteer administers an epinephrine
124		-	auto-injector in accordance with a policy adopted under Section
125		-	51.882(a), the institution of higher education shall report the
126		-	information required under Subsection (b) to:
127		-	(1) the physician who prescribed the epinephrine
	107	+	date a personnel member administers an epinephrine auto-injector in
	108	+	accordance with a policy adopted under Section 51.882(a), the
	109	+	institution of higher education shall report the information
	110	+	required under Subsection (b) to:
	111	+	(1) the Texas Higher Education Coordinating Board;
	112	+	(2) the physician who prescribed the epinephrine
128	113		auto-injector; and
129		-	(2) the commissioner of state health services.
	114	+	(3) the commissioner of state health services.
130	115		(b) The report required under this section must include the
131	116		following information:
132	117		(1) the age of the person who received the
133	118		administration of the epinephrine auto-injector;
134	119		(2) whether the person who received the administration
135	120		of the epinephrine auto-injector was a student, a personnel member,
136	121		or a visitor;
137	122		(3) the physical location where the epinephrine
138	123		auto-injector was administered;
139	124		(4) the number of doses of epinephrine auto-injector
140	125		administered;
141	126		(5) the title of the person who administered the
142	127		epinephrine auto-injector; and
143		-	(6) any other information required by the ~~commissioner~~
144		-	~~of state health services~~.
	128	+	(6) any other information required by the Texas Higher
	129	+	Education Coordinating Board.
145	130		Sec. 51.884. TRAINING. (a) Each institution of higher
146	131		education that adopts a policy under Section 51.882(a) is
147		-	responsible for training personnel ~~or volunteers~~ in the
148		-	~~administration of an~~ epinephrine auto-injector.
	132	+	responsible for training personnel in the administration of an
	133	+	epinephrine auto-injector.
149	134		(b) Training required under this section must:
150	135		(1) include information on:
151	136		(A) recognizing the signs and symptoms of
152	137		anaphylaxis;
153	138		(B) administering an epinephrine auto-injector;
154	139		(C) implementing emergency procedures, if
155	140		necessary, after administering an epinephrine auto-injector; and
156	141		(D) properly disposing of used or expired
157	142		epinephrine auto-injectors; and
158	143		(2) be provided in a formal training session or
159	144		through online education and be completed annually.
160	145		(c) Each institution of higher education that adopts a
161	146		policy under Section 51.882(a) shall maintain records on the
162	147		training required under this section.
163	148		Sec. 51.885. PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS.
164	149		(a) A physician may prescribe epinephrine auto-injectors in the
165	150		name of an institution of higher education that adopts a policy
166	151		under Section 51.882(a). The physician shall provide the
167	152		institution with a standing order for the administration of an
168	153		epinephrine auto-injector to a person reasonably believed to be
169	154		experiencing anaphylaxis.
170	155		(b) The standing order under Subsection (a) is not required
171	156		to be patient-specific, and the epinephrine auto-injector may be
172	157		administered to a person without an established physician-patient
173	158		relationship.
174	159		(c) Notwithstanding any other provisions of law,
175	160		supervision or delegation by a physician is considered adequate if
176	161		the physician:
177	162		(1) periodically reviews the order; and
178	163		(2) is available through direct telecommunication as
179	164		needed for consultation, assistance, and direction.
180	165		(d) An order issued under this section must contain:
181	166		(1) the name and signature of the prescribing
182	167		physician;
183	168		(2) the name of the institution of higher education to
184	169		which the order is issued;
185	170		(3) the quantity of epinephrine auto-injectors to be
186	171		obtained and maintained under the order; and
187	172		(4) the date of issue.
188	173		(e) A pharmacist may dispense an epinephrine auto-injector
189	174		to an institution of higher education without requiring the name or
190	175		any other identifying information relating to the user.
191	176		Sec. 51.886. GIFTS, GRANTS, AND DONATIONS. An institution
192	177		of higher education may accept gifts, grants, donations, and
193	178		federal funds to implement this subchapter.
194	179		Sec. 51.887. RULES. Except as otherwise provided by this
195		-	subchapter, the commissioner of state health services shall adopt
196		-	rules necessary to implement this subchapter.
197		-	Sec. 51.888. IMMUNITY FROM LIABILITY. (a) A person who in
198		-	good faith takes, or fails to take, any action under this subchapter
199		-	is immune from civil or criminal liability or disciplinary action
200		-	resulting from that act or failure to act, including:
	180	+	subchapter, the Texas Higher Education Coordinating Board and the
	181	+	commissioner of state health services shall jointly adopt rules
	182	+	necessary to implement this subchapter.
	183	+	Sec. 51.888. IMMUNITY FROM LIABILITY. (a) Except in a case
	184	+	of reckless conduct or intentional, wilful, or wanton misconduct, a
	185	+	person is immune from civil or criminal liability or disciplinary
	186	+	action for any conduct permitted or required under this subchapter,
	187	+	including:
201	188		(1) issuing an order for epinephrine auto-injectors;
202	189		(2) supervising or delegating the administration of an
203	190		epinephrine auto-injector;
204	191		(3) possessing an epinephrine auto-injector;
205		-	(4) maintaining an epinephrine auto-injector;
206		-	(5) storing an epinephrine auto-injector;
207		-	(6) disposing of an epinephrine auto-injector;
208		-	(7) prescribing an epinephrine auto-injector;
209		-	(8) dispensing an epinephrine auto-injector;
210		-	(9) administering, or assisting in administering, an
	192	+	(4) prescribing an epinephrine auto-injector;
	193	+	(5) dispensing an epinephrine auto-injector;
	194	+	(6) administering, or assisting in administering, an
211	195		epinephrine auto-injector;
212		-	(10) providing, or assisting in providing, training,
	196	+	(7) providing, or assisting in providing, training,
213	197		consultation, or advice in the development, adoption, or
214	198		implementation of policies, guidelines, rules, or plans; or
215		-	(11) undertaking any other act permitted or required
	199	+	(8) undertaking any other act permitted or required
216	200		under this subchapter.
217	201		(b) The immunity provided by Subsection (a) is in addition
218	202		to other immunity or limitations of liability provided by law.
219	203		(c) Notwithstanding any other law, this subchapter does not
220		-	create a civil, criminal, or administrative cause of action or
221		-	liability or create a standard of care, obligation, or duty that
222		-	provides the basis for a cause of action for an act or omission
223		-	under this subchapter.
224		-	(d) An institution of higher education or a campus of an
225		-	institution of higher education is immune from suit resulting from
226		-	an act, or failure to act, under this subchapter, including an act
227		-	or failure to act under related policies and procedures.
228		-	(e) A cause of action does not arise from an act or omission
229		-	described by this section.
230		-	SECTION 4. This Act applies beginning with the 2018 spring
	204	+	create a cause of action or liability against personnel for the use
	205	+	of an epinephrine auto-injector as provided by this subchapter.
	206	+	SECTION 4. This Act applies beginning with the 2017 fall
231	207		semester.
232		-	SECTION 5. This Act takes effect September 1, 2017.
	208	+	SECTION 5. This Act takes effect immediately if it receives
	209	+	a vote of two-thirds of all the members elected to each house, as
	210	+	provided by Section 39, Article III, Texas Constitution. If this
	211	+	Act does not receive the vote necessary for immediate effect, this
	212	+	Act takes effect September 1, 2017.