Texas 2017 - 85th Regular

Texas House Bill HB3893

Caption

Relating to the prescription of epinephrine auto-injectors to and administration of epinephrine auto-injectors in day-care centers; limiting liability.

Impact

The bill imposes specific responsibilities on day-care centers, including the requirement for training personnel in recognizing anaphylaxis symptoms, administering auto-injectors, and managing post-administration procedures. This training is mandated to be formal or through online education and must occur annually, ensuring that staff members are well-prepared to handle emergencies. Furthermore, day-care centers are responsible for maintaining associated records, thereby establishing a structured protocol for addressing potential life-threatening allergic reactions among children in their care.

Summary

House Bill 3893 seeks to enhance the safety measures concerning anaphylactic emergencies in day-care centers in Texas. The bill allows physicians, or individuals with delegated prescriptive authority, to prescribe epinephrine auto-injectors in the name of day-care centers. This advancement is significant, as it enables day-care personnel to administer life-saving epinephrine without needing to establish a physician-patient relationship prior to an emergency, thereby facilitating quicker responses during anaphylactic incidents.

Contention

Notably, HB 3893 provides immunity from civil and criminal liability for individuals who act in good faith concerning the prescription and administration of epinephrine auto-injectors. This provision aims to encourage the responsible administration of epinephrine by alleviating fears of legal repercussions for staff members. However, there may be concerns regarding potential misuse or over-reliance on this immunity, necessitating vigilance in training and adherence to emergency protocols to ensure the best outcomes for children experiencing anaphylaxis.

Companion Bills

TX SB1101

Relating to the prescription of epinephrine auto-injectors to and administration of epinephrine auto-injectors in day-care centers; limiting liability.

Similar Bills

TX HB2283

Relating to the use of an epinephrine delivery device by certain entities.

TX SB1619

Relating to the use of an epinephrine delivery device by certain entities.

UT HB0333

Medications in Schools Amendments

CA SB568

Pupil health: epinephrine delivery systems: public schools and programs.

CA AB1651

Pupil health: emergency medical care: epinephrine auto-injectors.

NH HB63

Relative to the use of nasal spray to treat anaphylaxis.

TX SB1367

Relating to policies and training regarding the use of epinephrine auto-injectors by public institutions of higher education; providing immunity.

TX HB3851

Relating to policies and training regarding the use of epinephrine auto-injectors by public institutions of higher education; providing immunity.