Texas 2017 - 85th Regular

Texas House Bill HB3893 Compare Versions

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

Old	New	Differences
1	1	85R6071 MK-D
2	2	By: Klick H.B. No. 3893
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prescription of epinephrine auto-injectors to and
8	8	administration of epinephrine auto-injectors in day-care centers;
9	9	limiting liability.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
12	12	is amended by adding Section 42.066 to read as follows:
13	13	Sec. 42.066. EPINEPHRINE AUTO-INJECTORS. (a) In this
14	14	section:
15	15	(1) "Anaphylaxis" means a sudden, severe, and
16	16	potentially life-threatening allergic reaction that occurs when a
17	17	person is exposed to an allergen.
18	18	(2) "Epinephrine auto-injector" means a disposable
19	19	medical drug delivery device that contains a premeasured single
20	20	dose of epinephrine that is intended to be used to treat
21	21	anaphylaxis.
22	22	(3) "Physician" means a person who holds a license to
23	23	practice medicine in this state.
24	24	(b) A physician, or a person who has been delegated
25	25	prescriptive authority under Chapter 157, Occupations Code, may
26	26	prescribe epinephrine auto-injectors in the name of a day-care
27	27	center.
28	28	(c) A physician or other person who prescribes epinephrine
29	29	auto-injectors under Subsection (b) shall provide the day-care
30	30	center with a standing order for the administration of an
31	31	epinephrine auto-injector to a person reasonably believed to be
32	32	experiencing anaphylaxis.
33	33	(d) A standing order under Subsection (c) is not required to
34	34	be patient-specific. An epinephrine auto-injector may be
35	35	administered under this section to a person without a previously
36	36	established physician-patient relationship.
37	37	(e) Notwithstanding any other law, supervision or
38	38	delegation by a physician is considered adequate if the physician:
39	39	(1) periodically reviews the order; and
40	40	(2) is available through direct telecommunication as
41	41	needed for consultation, assistance, and direction.
42	42	(f) An order issued under this section must contain:
43	43	(1) the name and signature of the prescribing
44	44	physician or other person;
45	45	(2) the name of the day-care center to which the order
46	46	is issued;
47	47	(3) the quantity of epinephrine auto-injectors to be
48	48	obtained and maintained under the order; and
49	49	(4) the date the order was issued.
50	50	(g) A pharmacist may dispense an epinephrine auto-injector
51	51	to a day-care center without requiring the name of or any other
52	52	identifying information relating to the user.
53	53	(h) Each day-care center is responsible for training
54	54	personnel in the administration of an epinephrine auto-injector.
55	55	The training must:
56	56	(1) include information on:
57	57	(A) recognizing the signs and symptoms of
58	58	anaphylaxis;
59	59	(B) administering an epinephrine auto-injector;
60	60	(C) implementing emergency procedures, if
61	61	necessary, after administering an epinephrine auto-injector; and
62	62	(D) properly disposing of used or expired
63	63	epinephrine auto-injectors; and
64	64	(2) be provided in a formal training session or
65	65	through online education and be completed annually.
66	66	(i) Each day-care center shall maintain records on the
67	67	training required under this section.
68	68	(j) A person who in good faith takes, or fails to take,
69	69	action relating to the prescription of an epinephrine auto-injector
70	70	to a day-care center or the administration of an epinephrine
71	71	auto-injector in a day-care center is immune from civil or criminal
72	72	liability or disciplinary action resulting from that action or
73	73	failure to act, including:
74	74	(1) issuing an order for epinephrine auto-injectors;
75	75	(2) supervising or delegating the administration of an
76	76	epinephrine auto-injector;
77	77	(3) possessing, maintaining, storing, or disposing of
78	78	an epinephrine auto-injector;
79	79	(4) prescribing an epinephrine auto-injector;
80	80	(5) dispensing an epinephrine auto-injector;
81	81	(6) administering, or assisting in administering, an
82	82	epinephrine auto-injector;
83	83	(7) providing, or assisting in providing, training,
84	84	consultation, or advice in the development, adoption, or
85	85	implementation of policies, guidelines, rules, or plans; or
86	86	(8) undertaking any other act permitted or required
87	87	under this section.
88	88	(k) The immunities and protections provided by this section
89	89	are in addition to other immunities or limitations of liability
90	90	provided by law.
91	91	(l) Notwithstanding any other law, this section does not
92	92	create a civil, criminal, or administrative cause of action or
93	93	liability or create a standard of care, obligation, or duty that
94	94	provides a basis for a cause of action for an act or omission under
95	95	this section.
96	96	(m) An act or omission described by this section does not
97	97	create a cause of action.
98	98	SECTION 2. This Act takes effect immediately if it receives
99	99	a vote of two-thirds of all the members elected to each house, as
100	100	provided by Section 39, Article III, Texas Constitution. If this
101	101	Act does not receive the vote necessary for immediate effect, this
102	102	Act takes effect September 1, 2017.